Smith v Wikramanayake & Ors [2011] NSWCA 269

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Smith v Wikramanayake & Ors [2011] NSWCA 269 Hearing dates: 31 August 2011 Decision date: 31 August 2011 Before: Allsop P, Meagher JA, Handley AJA Decision: (1) Summons for leave to appeal dismissed. (2) Applicant to pay the respondents' costs of the proceedings in this Court. [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: RES JUDICATA - Anshun estoppel - later proceedings arising out of same matrix of fact - leave to amend refused in earlier proceedings on defendants' undertaking - later proceedings not within undertaking - stay property granted Category: Principal judgment Parties: Applicant: David Smith 1st Respondent: Margaret Anne Wikramanayake 2nd Respondent: Prenitha Srimath Wikramanayake 3rd Respondent: Wagga Road Properties Pty Limited Representation: Counsel: Application: GA Sirtes SC/Ms JK Petruolo 1st & 2nd Respondents: P Bolster Solicitors: Applicant: Macpherson & Kelley 1st & 2nd Respondents: Verekers File Number(s): 2010/244039 Decision under appeal Date of Decision: 2011-08-31 00:00:00 Before: BJ Knox SC DCJ File Number(s): 2009/338384