Bowcliff Pty Ltd v QBE Insurance (Aust) Ltd; John James Orcher v QBE Insurance (Australia) Ltd [2011] NSWCA 18

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bowcliff Pty Ltd v QBE Insurance (Aust) Ltd; John James Orcher v QBE Insurance (Australia) Ltd [2011] NSWCA 18 Hearing dates: 3 February 2011 Decision date: 21 February 2011 Before: Allsop P, Tobias JA, Handley AJA Decision: Bowcliff Pty Ltd v QBE Insurance (Australia) Ltd (1) Appeal allowed with costs. (2) Judgment of Harrison J of 23 November 2010 set aside. (3) In lieu thereof substitute an order that the respondent QBE pay the applicant's costs of the hearing before Harrison J on 19 November 2010. (4) Application to join QBE as a cross defendant remitted to Harrison J. (5) Other costs of and incidental to that application to abide the order of Harrison J. John James Orcher v QBE Insurance (Australia) Ltd (1) Appeal allowed with costs. (2) Judgment of Harrison J of 23 November 2010 set aside. (3) In lieu thereof substitute an order that the respondent QBE pay the applicant's costs of the hearing before Harrison J on 19 November 2010. (4) Application to join QBE as a defendant remitted to Harrison J. (5) Other costs of and incidental to that application to abide the order of Harrison J. [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: CONCURRENT TORTFEASORS - cross-claim for contribution - consent judgment for cross defendant - claim by plaintiff not barred - other claims for contribution not barred.