Connectland Pty Ltd v Cardno Forbes Rigby Pty Ltd [2011] NSWCA 391

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Connectland Pty Ltd v Cardno Forbes Rigby Pty Ltd [2011] NSWCA 391 Hearing dates: 6 December 2011 Decision date: 06 December 2011 Before: Macfarlan JA at [1]; [10] Whealy JA at [9] Decision: The application for leave to appeal is dismissed with costs. [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: APPEAL - civil - application for leave to appeal against consent judgment - applicant alleged that respondent's misrepresentation induced her to consent to judgment - no arguable case that representation was erroneous - leave to appeal refused Cases Cited: Harvey v Phillips [1956] HCA 27; 95 CLR 235 Category: Principal judgment Parties: Connectland Pty Ltd (First Applicant) Rosa Caporale (Second Applicant) Cardno Forbes Rigby Pty Ltd (Respondent) Representation: Counsel: M K Rollinson (Second Applicant) D J Hand (Respondent) Solicitors: Peter Papadopoulos & Co Lawyers (Second Applicant) Herbert Geer (Respondent) File Number(s): CA 2011/313873 Decision under appeal Citation: Cardno Forbes Rigby Pty Ltd v Connectland Pty Ltd Date of Decision: 2011-02-01 00:00:00 Before: Gibson DCJ File Number(s): DC 3690/2009