Mills v Futhem Pty Ltd [2011] NSWCA 252

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mills v Futhem Pty Ltd [2011] NSWCA 252 Hearing dates: 12 July 2011 Decision date: 30 August 2011 Before: Allsop P at 1 Beazley JA at 50 Handley AJA at 51 Decision: 1. Application for leave to appeal granted. 2. Notice of appeal to be filed within 14 days. 3. Appeal allowed. 4. Orders of the District Court made on 26 May 2011 be set aside and in lieu thereof restrain the plaintiff from seeking to enforce the terms of settlement dated 16 December 2008 or the purported orders of the Court recorded in the document of 29 April 2010 and order that the plaintiff pay the defendant's costs of the notice of motion of 15 June 2010. 5. Remit the matter to the District Court for resolution of the question as to the proper form of orders to be entered consequent upon the compromise as evidenced by the terms of settlement dated 25 November 2008 and filed with the District Court on 27 November 2008. 6. Respondent pay the appellant's costs of the application for leave to appeal and the appeal. 7. Respondent have a certificate under the Suitors' Fund Act 1951 (NSW), if otherwise qualified. [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 - entry of judgments and orders - entry occurs when judgment or orders recorded in court's computerised record system - recording of orders requires orders to be set out - no orders entered in circumstances where it was only recorded that orders existed - Uniform Civil Procedure Rules 2005 (NSW), Pt 36, r 36.11 considered.