Malaysian Airlines Australia v Patel [2011] NSWCA 339

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Malaysian Airlines Australia v Patel [2011] NSWCA 339 Hearing dates: 28 October 2011 Decision date: 28 October 2011 Before: Allsop P at 1 and 8 Giles JA at 6 Basten JA at 7 Decision: Grant leave to Malaysian Airlines Australia to rely upon a notice of discontinuance filed in court in accordance with r 12.1 of the Uniform Civil Procedure Rules 2005 (NSW), subject to the following conditions: (a)No new proceedings be brought impugning the orders of the District Court made on 26 March 2010 and 14 February 2011. (b)Malaysian Airlines Australia pay Mr Patel's costs of these proceedings. [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 - notice of discontinuance. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 12.1 Cases Cited: Tasty Chicks Pty Ltd v Chief Commissioner of State Revenue [2011] HCA 41; 85 ALJR 1183 Category: Procedural and other rulings Parties: Malaysian Airlines Australia (Applicant) Mr Kalpesh Patel (Respondent) Representation: Mr G Miller QC and Mr A Davis (Applicant) Respondent in person Lander & Rogers Lawyers (Applicant) Respondent in person File Number(s): 2009/00336102 Decision under appeal Citation: Patel v Malaysian Airlines Australia Ltd (No 2) [2011] NSWDC 4 Date of Decision: 2011-02-14 00:00:00 Before: Levy DCJ File Number(s): 2009/336102