Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liquidation) (No 2) [2012] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liquidation) (No 2) [2012] NSWCA 93 Hearing dates: On the papers Decision date: 18 April 2012 Before: Campbell JA at [1] Macfarlan JA at [2] Young JA at [18] Decision: (1) Set aside order 7 made at first instance on 16 November 2009. (2) Judgment for Perpetual against Milanex for $180,026.30. (3) Order (1) made on 28 November 2011 is varied to add the words "and cross-appeal allowed in part" at the end of the order. (4) Order (6) made on 28 November 2011 is varied to add the words "and the cross-appeal" at the end of the order. (5) Order Milanex to indemnify Perpetual in respect of those of Mr Kotevski's costs in the proceedings below which Perpetual was ordered to pay. (6) Order Milanex to pay Perpetual's costs of Perpetual's Notice of Motion filed on 7 December 2011. (7) Dismiss Milanex's Notice of Motion filed on 12 December 2011. (8) Order Milanex to pay Perpetual's costs of Milanex's Notice of Motion filed on 12 December 2011. [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 AND PROCEDURE - judgments and orders - consequential orders - no issue of principle Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 Law Reform (Miscellaneous Provisions) Act 1965 Uniform Civil Procedure Rules 2005 Category: Consequential orders Parties: Perpetual Trustee Company Ltd (Appellant) Milanex Pty Ltd (in liquidation) (Respondent) Representation: Counsel: M A Ashhurst SC/S B Docker (Appellant) J E Marshall SC/D S Weinberger (Respondent) Solicitors: Kemp Strang Lawyers (Appellant) McCabe Terrill Lawyers (Respondent) File Number(s): CA 2008/286254 Decision under appeal Citation: Perpetual Trustee Company Ltd v Alexander Kotevski [2009] NSWSC 1228 Date of Decision: 2009-11-16 00:00:00 Before: Patten AJ File Number(s): SC 15851/2007; 13889/2008