Taseka v Koutabitsis & Anor [2011] NSWCA 4

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taseka v Koutabitsis & Anor [2011] NSWCA 4 Hearing dates: 31 January 2011 Decision date: 31 January 2011 Before: Giles JA Decision: Declarations made that proceedings had been settled. [Note: 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.] Catchwords: PROCEDURE - civil - whether agreement to settle appeal had been made - jurisdiction to decide - Civil Procedure Act 2005 (NSW), s 73 - jurisdiction of single judge of appeal - Supreme Court Act (NSW), s 46.

CONTRACT - whether agreement to settle appeal had been made - whether settlement was inclusive of costs - against background of preceding course of offers, was inclusive of cost. Legislation Cited: Civil Procedure Act 2005, s 73 Supreme Court Act 1970, s 46 Category: Principal judgment Parties: Lena Taseka - Appellant Catherine Koutabitsis - First Respondent Angelo Marinos - Second Respondent Representation: S Golledge - Appellant J Drummond - Respondents A J McInerney - Carneys Lawyers Anthony J Cordato - Appellant Prime Lawyers - Respondents Carneys Lawyers - Applicant on motion File Number(s): 2010/44927 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-20 00:00:00 Before: Rolfe DCJ File Number(s): DC 1603/07; DC 1604/07