Brakikki Pty Limited v Gofur (No 2) [2011] NSWDC 199

District Court New South Wales

Medium Neutral Citation: Brakikki Pty Limited v Gofur (No 2) [2011] NSWDC 199 Hearing dates: 14 October 2011 Decision date: 16 December 2011 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.The application for amendment of the principal judgment pursuant to UCPR r 36.17 is refused; 2.The defendant is to pay the plaintiff's costs of the refused slip rule application for amendment to the principal judgment; 3.The defendant is to pay the plaintiff 's costs of the plaintiff's proceedings on the ordinary basis; 4.The plaintiff/cross defendant is to pay the defendant/cross claimant's costs of the cross claim on the ordinary basis; 5.The exhibits may be returned. [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: PRACTICE & PROCEDURE - application for slip rule amendment pursuant to Uniform Civil Procedure Rules 2005, r 36.17 - whether amendment to principal judgment required; COSTS - application for indemnity costs - whether appropriate - consideration of offers of compromise pursuant to UCPR r 20.26 and consideration of Calderbank offers Legislation Cited: Uniform Civil Procedure Rules 2005, r 20.26, r 36.17, r 42,14, r 42.35 Category: Consequential orders Parties: Brakikki Pty Limited (Plaintiff/Cross defendant) Mohammad Abdul Gofur (Defendant/Cross claimant) Representation: Mr C Moschoudis (Plaintiff) Mr J Knackstredt (Defendant) David Kam & Co (Plaintiff) Mooney & Kennedy (Defendant) File Number(s): 5973 of 2008 2008/320726