Lahoud & Anor v Lahoud & Ors (No 2) [2012] NSWCA 55

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lahoud & Anor v Lahoud & Ors (No 2) [2012] NSWCA 55 Hearing dates: On the Papers Decision date: 28 March 2012 Before: Handley AJA at 1, Sackville AJA at 38 Decision: (1)Notice of motion of 19 December 2011 as amended dismissed; (2)The Victor Lahoud interests are to pay the costs of the Joseph Lahoud interests of the motion. [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 - judgments and orders - variation - reopening. RES JUDICATA - cause of action estoppel order for specific performance - but not damages - later claim for damages barred. Legislation Cited: Civil Procedure Act, s 100 Supreme Court Act, s 68(b) Cases Cited: CG Maloney Pty Ltd v Noon [2011] NSWCA 397 Coulton v Holcombe [1986] HCA 33, 162 CLR 1 Dillon v Macdonald (1902) 21 NZLR 375 Henderson v Henderson (1843) 3 Hare 100 National Coal Board v Galley [1958] 1 WLR 16 CA, 26 Neylan v Dickens [1987] 1 NZLR 402 Rangayya Goundan v Nanjappa Rao (1901) LR 28 Ind App 221 Serrao v Noel (1885) 15 QBD 549 CA University of Wollongong v Metwally [No 2] [1985] HCA 28, 59 ALJR 481 Category: Consequential orders Parties: 1st Applicant - Victor Lahoud 2nd Applicant - Castle Constructions Pty Ltd 3rd Applicant - Solidare Pty Ltd 1st Respondent- Joseph Lahoud 2nd Respondent - Joseph Lahoud & Associates Pty Ltd Representation: 1st, 2nd & 3rd Applicants - McLachlan Thorpe Partners 1st & 2nd Respondents - Varekers Lawyers File Number(s): 2007/255809 Decision under appeal Citation: [2010] NSWSC 1297 Date of Decision: 2010-12-14 00:00:00 Before: Ward J File Number(s): 2007/255809