Vesuvius Australia Pty Ltd (formerly known as Cookson Plibrico Pty Ltd) v V&M Davidovic Pty Limited (No 2) [2011] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: Vesuvius Australia Pty Ltd (formerly known as Cookson Plibrico Pty Ltd) v V&M Davidovic Pty Limited (No 2) [2011] NSWSC 48 Hearing dates: 8 February 2011 Decision date: 15 February 2011 Jurisdiction: Equity Division Before: Hallen AsJ Decision: The Plaintiff's notice of motion to re-open dismissed with costs. Catchwords: Application to re-open judgement on basis of alleged procedural unfairness and alleged misapprehension of principles of law Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Aktas v Westpac Banking Corporation Limited (No 2) [2010] HCA 47 Brand v Monks [2010] NSWSC 313 Dey v Victorian Railway Commissioners [1949] HCA 1 Fancourt v Mercantile Credits Ltd [1983] HCA 25 General Steel Industries Inc v Commissioner for Railways [1964] HCA 69 Lean v Tumut River Orchard Management [2003] FCA 269 Spencer v The Commonwealth [2010] HCA 28 Theseus Exploration N.L. v Foyster [1972] HCA 41 Webster v Lampard [1993] HCA 57 Texts Cited: Equity Doctrines & Remedies, R Meagher et al, 4th ed, LexisNexis Butterworths Category: Procedural and other rulings Parties: Vesuvius Australia Pty Ltd (formerly known as Cookson Plibrico Pty Ltd) (Plaintiff) V & M Davidovic Pty Limited (Defendant) Representation: Counsel: Mr B Coles QC; Mr P T Russell (Plaintiff) Mr S Wells (Defendant) Solicitors: Pikes Lawyers (Plaintiff) Rosier & Partners (Defendant) File Number(s): 2010/84991