Andy's Earthworks Pty Ltd v Verey [2011] NSWCA 383

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Andy's Earthworks Pty Ltd v Verey [2011] NSWCA 383 Hearing dates: 2 December 2011 Decision date: 02 December 2011 Before: Allsop P Decision: 1.The respondent to file in the submissions box and serve by 4.30pm Monday 5 December full written submissions as to why Doumit v Jabbs Excavations Pty Ltd [2009] NSWCA 360 should not be followed, bearing in mind the proper test reflected in Gett v Tabet [2009] NSWCA 76. Any submissions in reply by the applicant should be handed up in Court on Thursday, with a copy having been supplied to the respondent's counsel as soon as they are ready. 2.Costs of today be paid in any event by the respondent on an indemnity basis. Leave to assess if there be disagreement to be given forthwith. [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.] Legislation Cited: Motor Accidents (Compensation) Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Doumit v Jabbs Excavations Pty Ltd [2009] NSWCA 360 Gett v Tabet [2009] NSWCA 76 Category: Procedural and other rulings Parties: Andy's Earthworks Pty Limited (Applicant) Wayne Leslie Verey (Respondent) Representation: Solicitors: Mr G Smith (Applicant) Mr J Cairn (Respondent) File Number(s): 2009/337610