Northey v Bega Valley Shire Council [2012] NSWCA 28

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Northey v Bega Valley Shire Council [2012] NSWCA 28 Hearing dates: 20 February 2012 Decision date: 06 March 2012 Before: Barrett JA Decision: Ms Northey's notice of motion filed on 12 December 2011 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: PROCEDURE - application for order setting aside order of dismissal for want of prosecution - whether order of dismissal made "irregularly" because of non-observance of rule 18.3 - order made in absence of party - whether any factor making it unjust that the order should stand - application dismissed Legislation Cited: Interpretation Act 1987, s 76(1)(b) Uniform Civil Procedure Rules 2005, rules 1.11, 12.7, 18.4, 36.15(1), 36.16(2)(b) Cases Cited: Deputy Commissioner of Taxation v Annesley Plant Hire Pty Ltd [2010] FCA 755 Double Bay Newspapers Pty Ltd v The Fitness Lounge Pty Ltd [2006] NSWSC 226; (2006) 57 ACSR 131 Registrar of Aboriginal Corporations v Murnkurni Women's Aboriginal Corporation (1995) 137 ALR 404 Owners of SS Kalibia v Wilson [1910] HCA 77; (1910) 11 CLR 689 University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 59 ALJR 481 Vacuum Oil Co Pty Ltd v Stockdale (1942) 42 SR NSW 239 Workers Compensation Nominal Insurer Pty Ltd; re Deli Glenbrook Pty Ltd [2010] FCA 380 Category: Interlocutory applications Parties: Janice Louise Northey - Applicant Bega Valley Shire Council - Respondent Representation: Mr C J M Palmer - Applicant Mr E G Petersen - Respondent Hassett Dixon - Applicant Andrew Warren Associates - Respondent File Number(s): 2008/00281995