NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mainteck Services Pty Limited v Stein Heurtey Australia Pty Limited [2012] NSWCA 12 Hearing dates: 3 February 2012 Decision date: 16 February 2012 Before: McColl JA at 1; Basten JA at 1 Decision: (1) Leave to appeal refused. (2) Applicant to pay the respondent's costs of the application. [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 from refusal to allow amendment - issues raised following interim report of referee - referee's final report provided but not yet adopted
PROCEDURE - civil - application to amend - leave sought after hearing before referee Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57 Cases Cited: Richards v Cornford (No 3) [2010] NSWCA 134 Category: Procedural and other rulings Parties: Mainteck Services Pty Limited - Applicant Stein Heurtey SA - First Respondent Stein Heurtey Australia Pty Limited - Second Respondent Representation: Counsel:
Mr F Corsaro SC/Mr F Kalyk - Applicant Mr PW Taylor SC - Respondent Solicitors:
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