Tarrant v Statewide Secured Investments Ltd [2011] NSWCA 248

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tarrant v Statewide Secured Investments Ltd [2011] NSWCA 248 Hearing dates: 18 August 2011 Decision date: 18 August 2011 Before: McColl JA at 1 and 24; Basten JA at 2 Decision: (1) Refuse the application to adjourn today's proceedings. (2) Direct that the judgment and orders of Adams J be taken to have been entered on 17 June 2009, this order having effect from that date. (3) Dismiss the summons seeking leave to appeal from the judgment of Garling J of 9 March 2011. (4) Direct that the order made on 10 August 2011, that the applicant pay the respondent's costs thrown away by the adjournment on that day, be entered forthwith. (5) Order that the applicant pay the respondent's costs of the application up to and including 12 July 2011. [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 - reopening of judgment refused - application for leave to appeal - no draft defence supplied to support summary of argument - lapse of 2 years from original judgment

PROCEDURE - civil - judgments and orders - orders to be entered into court's computerised record system - orders not properly entered - direction that orders taken to have been entered when made - Uniform Civil Procedure Rules 2005 (NSW), r 36.11