NSW Caselaw
New South Wales Court of Appeal
CITATION: Kowalczuk v Accom Finance (No 2) [2009] NSWCA 122
HEARING DATE(S): On papers in Chambers
JUDGMENT DATE: 28 May 2009
JUDGMENT OF: Hodgson JA; McColl JA; Campbell JA
DECISION: Orders made on 10 December 2008 varied.
CATCHWORDS: PROCEDURE - judgments and orders - amending, varying and setting aside - application to amend orders when respondent failed to comply with directions to determine amounts of interest - orders intended to be made by consent under section 46 Supreme Court Act 1970 - whether orders should be made by a single judge or the full court when solicitor for the respondent ceased acting - PROCEDURE - judgments and orders - application for removal of caveat - whether orders can be made without notice to or consent of the respondent - proper procedure for removal of caveat
LEGISLATION CITED: Supreme Court Act 1970
CATEGORY: Consequential orders
CASES CITED: Kowalczuk v Accom Finance [2008] NSWCA 343
Edward John Kowalczuk (First Appellant) PARTIES: Mars Pty Limited (Second Appellant) Accom Finance Pty Ltd (Respondent)
FILE NUMBER(S): CA 40514/07
SOLICITORS: Greg Mackey & Associates, Five Dock (Appellants) Unrepresented (Respondent)
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40514/07
HODGSON JA McCOLL JA CAMPBELL JA
28 MAY 2009 EDWARD JOHN KOWALCZUK & ANOR v ACCOM FINANCE PTY LTD (No 2) Judgment 1 THE COURT: Judgment in this matter was delivered on 10 December 2008: Kowalczuk v Accom Finance [2008] NSWCA 343. 2 Orders were made on 10 December 2008 as proposed in the judgment, namely:
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