Permanent Custodians Limited and Anor v King and Ors [2010] NSWSC 95

New South Wales Supreme Court

CITATION : Permanent Custodians Limited and Anor v King and Ors [2010] NSWSC 95

HEARING DATE(S) : 16 September 2009; 9 December 2009

JUDGMENT DATE : 25 February 2010

JUDGMENT OF : Schmidt J

Orders: 1. Permanent Custodians Limited is joined to the proceedings between the Cross-Claimant and the Fourth Cross-Defendant. DECISION : 2. The Cross-Claimant's re-opening application is refused. 3. Order 6 of the Consent Orders made on 20 February 2008 ("the Consent Orders") is set aside. 4. In place of Order 6 of the Consent Orders the following order is made: "No order as to costs. The Court notes that the plaintiff/cross-defendant is entitled to debit its enforcement expenses, including its legal costs, to the PCL Loan account pursuant to the terms of the PCL Loan.

CATCHWORDS : PROCEDURE - Judgments and orders - Amending, varying and setting aside - application to re-open case after judgment and before judgment or order entered - application to re-open refused - application for joinder - joinder granted - application for rectification of consent orders - rectification granted - DAMAGES - difficulty of assessing damages in relation to interest - damages ordered

Civil Procedure Act 1995 LEGISLATION CITED : Legal Aid Commission Act 1979 Uniform Civil Procedure Rules

CATEGORY : Principal judgment

Autodesk Inc v Dyason (No 2) [1993] HCA 6: (1993) 176 CLR 300 Maralinga v Major Enterprises Pty Limited (1973) 128 CLR 336 Maher v Network Finance Ltd (1986) 4 NSWLR 694 CASES CITED : Multiplex Constructions Pty Limited v Irving [2005] NSWCA 1 Permanent Custodians Limited v King and Ors [2009] NSWSC 600 Ryledar Pty Ltd v Euphoric Pty Ltd [2007] NSWCA 65; (2007) 69 NSWLR 603 Wentworth v Wentworth [1999] NSWSC 638