Agricultural & Rural Finance Pty Limited v Kirk & Anor [2011] NSWCA 67

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Agricultural & Rural Finance Pty Limited v Kirk & Anor [2011] NSWCA 67 Hearing dates: 10 -11 February 2011 Decision date: 17 March 2011 Before: Tobias JA at [1] Macfarlan JA at [227] Sackville AJA at [228] Decision: (a)Extend the time for the filing by the first respondent of his Amended Notice of Motion to 11 May 2009 and by the second respondent of his Notice of Motion to 14 August 2009; (b)Grant leave to appeal against the orders made by Einstein J on 18 February 2010; (c)Appeal allowed; (d)Set aside the orders made by Einstein J on 18 February 2010 and in lieu thereof dismiss the Notices of Motion referred to in (a) above; (e)The respondents to pay the appellant's costs of the Notices of Motion including any reserved costs; (f)The respondents to pay the appellant's costs of the applications for leave to appeal and of the appeal. (g)Each party to pay its or his own costs of the application to extend time referred to in (a) above. [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 - application to set aside orders setting aside service of summons - whether primary judgment should be set aside as it contained errors and a number of grounds of prejudice which the respondent no longer relies upon - Uniform Civil Procedure Rules rr 1.12, 12.11, 36.16