Douglas & Anor v Madden & Ors (No 2) [2009] NSWSC 194

New South Wales Supreme Court

CITATION : Douglas & Anor v Madden & Ors (No 2) [2009] NSWSC 194

HEARING DATE(S) : 20 March 2009

JUDGMENT DATE : 26 March 2009

JUDGMENT OF : Schmidt AJ

DECISION : Orders sought in the plaintiffs' motion are refused. The plaintiffs are ordered to pay the defendants' costs of the motion, as agreed or assessed.

CATCHWORDS : PROCEDURE - judgments and orders - amending, varying and setting aside - notice of motion - application sought to vary self executing order - plaintiffs failure to comply with self executing order - short delay in filing evidence - no explanation given - orders sought refused - costs

Civil Procedure Act 2005 LEGISLATION CITED : Uniform Civil Procedure Rules Trade Practices Act 1974 (Cth)

Douglas & Anor v Madden & Ors [2009] NSWSC 47 FAI General Insurance Company Limited and Others v Southern Cross Exploration NL and Others (1987-8) 165 CLR 268 CASES CITED : McWilliam and Ors v Watson and Ors [2000] NSWSC 761 Rayscan Management Pty Ltd & Ors v Siv Nandan Moodliar [2008] NSWSC 857 The State of Queensland & Anor v JL Holdings Pty Limited (1996) 189 CLR 146

Troy Douglas (formerly known as Douglas Pestano) - First Plaintiff Morgan Price Limited - Second Plaintiff PARTIES : Phillip MacDonald Madden & Julia Anne Madden t/as Maddens Commercial Lawyers and/or Maddens Business & Property Lawyers - First Defendant Maddens Lawyers Business & Property Pty Limited - Second Defendant Andrew Tennent Sutherland, John Richard Cox, Christopher Hugh McCaffery,Timothy John Eakin, Michael John Patrick White & Michael Leo Stafford t/as Eakin McCaffrey Cox - Third Defendant