Gee v Burger [No 2] [2009] NSWSC 1152

New South Wales Supreme Court

CITATION : Gee v Burger [No 2] [2009] NSWSC 1152

HEARING DATE(S) : 27 April 2009 JUDGMENT OF : McLaughlin AsJ

EX TEMPORE JUDGMENT DATE : 27 April 2009

1. I order that the amended notice of motion filed by the first defendant on 8 April 2009 be dismissed. 2. I make no orders in respect to the notices of motion filed by the plaintiffs on respectively 6 April 2009 and 15 April 2009. DECISION : 3. I order that the first defendant pay the costs of the plaintiffs of the amended notice of motion filed on 8 April 2009, such costs to be on the indemnity basis. 4. I order that the plaintiffs have leave to proceed forthwith to assessment of the foregoing costs and that upon such assessment those costs be payable forthwith to the plaintiffs. 5. I make no orders in respect to the costs of the aforesaid notices of motion filed by the plaintiffs on respectively 6 April 2009 and 15 April 2009.

CATCHWORDS : PRACTICE and PROCEDURE - orders made and entered - application to set aside orders - slip rule does not apply - time for making of application - applicant seeks, in effect, not that orders should not have been made, but that other or different reasons should be given for the making of those orders - whether judicial officer is functus officio. COSTS - whether successful respondent is entitled to indemnity costs, and to have those costs paid forthwith.

LEGISLATION CITED : Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

PARTIES : Andrew Gee (First Plaintiff) and 25 other Plaintiffs Grace Veronica Burger (First Defendant)