NSW Caselaw
New South Wales Supreme Court
CITATION : John Pachos v Charles Davison & Candice Weeden [2010] NSWSC 1136
HEARING DATE(S) : 17 September 2010
JUDGMENT DATE : 17 September 2010
JUDGMENT OF : Garling J
EX TEMPORE JUDGMENT DATE : 17 September 2010
DECISION : Application to vary order of this Court dismissed with costs on an indemnity basis.
CATCHWORDS : PRACTICE AND PROCEDURE – Judgments and orders – Amendment of orders – Slip rule – No error or mistake in original orders – No accidental or inadvertent failure – Issue not litigated in the course of the hearing – No basis for application of slip rule. - PRACTICE AND PROCEDURE – Costs – Costs on an indemnity basis – Unreasonable to have brought proceedings – No reasonable prospect of success – Warnings given by opponent's legal representatives.
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
CASES CITED : Newmont Yandal Operations Pty Limited v The J Aron Corporation and the Goldman Sachs Group Inc (2007) 70 NSWLR 411 Raybos (Australia) Pty Limited v Tectran Corporation Pty Limited (1988) 77 ALR 190
(P) John Pachos PARTIES : (D1) Charles Davison (D2) Candice Weeden
FILE NUMBER(S) : SC 2008/284943
(P) Ms J. Keys COUNSEL : (D1) Mr Schneider (D2) No appearance
(P) Self represented SOLICITORS : (D1) Houston Dearne O'Connnor (D2) No appearance
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GARLING J
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