Attard v James Legal Pty Ltd (No.2) [2010] NSWCA 363

New South Wales Court of Appeal

CITATION: Attard v James Legal Pty Ltd (No.2) [2010] NSWCA 363

HEARING DATE(S): On the papers

JUDGMENT DATE: 17 December 2010

JUDGMENT OF: Beazley JA; Giles JA; Tobias JA

(1) Vary Order (c) by deleting therefrom the words "within 28 days of the date of this order" and substituting therefor the words "on or before 5pm on 15 February 2011". (2) Vary Order (d) by deleting the words "within 21 days of the date of these orders" and substituting therefor the words "on or before 5pm on 4 February 2011". (3) Delete Order (e) and substitute therefor the following order: "Stay Orders 3, 4 and 6 made by Simpson J on 4 September 2009 until the said reference has been completed and any report of the referee has been adopted or otherwise dealt with by the Court pursuant to UCPR 20.24. If after any report of the referee has been adopted or otherwise dealt with by the Court, the amount due and owing to the cross claimants pursuant to the cross claim is found to be $500,000 or less, grant liberty to the first and second cross defendants to apply for a variation to the trial judge who deals with the report of the referee for a variation and/or further stay of Orders 3, 4 and 6 made by Simpson J on 4 September 2009." DECISION: (4) Delete Order (g) and substitute therefor the following order: "The costs of the reference referred to in Order (c) above and of any variation of Orders 3, 4 and 6 made by Simpson J pursuant to the liberty granted in Order (e) above be reserved to the trial judge when dealing with the referee's report pursuant to UCPR 20.24." (5) Delete Order (h) and substitute therefor the following order: "In the event that the parties cannot agree on a referee for the purposes of Order (d), grant liberty to the parties to apply to the Registrar of the Common Law Division of the Supreme Court on or before 5pm on 31 January 2011 for his determination of a referee who meets the requirements of Order (c)." (6) Each party to pay their and/or its own costs of the Notices of Motion filed on 30 November 2010 and 6 December 2010. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]