Webuildem Pty Ltd v Arab Bank Australia Ltd [2012] NSWCA 242

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Webuildem Pty Ltd v Arab Bank Australia Ltd [2012] NSWCA 242 Hearing dates: 11 July 2012 Decision date: 11 July 2012 Before: Allsop ACJ at [1] and [27]; Barrett JA at [2] Decision: Application for leave to appeal 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 - application for leave to appeal - where primary judge refused to order stay of consent orders - consent orders made upon settlement of proceedings - various potential grounds of challenge to consent orders and underlying agreement - but no proceedings instituted to seeking to have orders set aside or agreement rescinded - interlocutory application for stay irregular - various grounds of challenge to agreement and consent orders without apparent prospects of success Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats [2001] HCA 63; (2001) 208 CLR 199 Bayblu Holdings Pty Ltd v Capital Finance Australia Ltd [2011] NSWCA 39 Inglis v Commonwealth Trading Bank of Australia [1972] HCA 74; (1972) 126 CLR 161 Tresize v National Australia Bank (1994) 50 FCR 134 Category: Interlocutory applications Parties: Webuildem Pty Limited, Maroun Invesstments Pty Limited, George Maroun Rahme, Nouha Rahme - Appellants Arab Bank Australia Limited - First Respondent Paul Gerard Weston - Second Respondent David Gregory Young - Third Respondent Representation: B A J Coles QC/S Milanovic - Appellants N C Hutley/B K Koch - Respondents Cadmus Lawyers - Appellants Henry Davis York - Respondents File Number(s): 2012/207040 Decision under appeal Citation: No citation Date of Decision: 2012-03-08 00:00:00 Before: Black J File Number(s): 2011/357909