Yule v Smith (No 2) [2012] NSWCA 301

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Yule v Smith (No 2) [2012] NSWCA 301 Hearing dates: On the papers Decision date: 21 September 2012 Before: Macfarlan JA at [1] Sackville AJA at [2] Decision: 1. Pursuant to UCPR r 36.16(1), the orders made on 27 June 2012 are varied to include the following orders: 3A The motion filed by the respondent on 13 August 2010 ("Motion") be dismissed. 3B The respondent pay the appellant's costs of the Motion. 2. The respondent pay the appellant's costs of her motion filed on 10 July 2012. [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.] Legislation Cited: Uniform Civil Procedure Rules Cases Cited: N/A Texts Cited: N/A Category: Procedural and other rulings Parties: Beverley Anne Yule (Appellant)

Darcy Peter Smith (Respondent) Representation: Counsel: Louise M. Byrne (Appellant) E. C. Muston (Respondent) Solicitors: Malouf Solicitors (Appellant) Brown Abrahams Burreket (Respondent) File Number(s): 2008/278833 Decision under appeal Citation: Yule v Smith [2011] NSWSC 598 Date of Decision: 2011-06-22 00:00:00 Before: Macready AsJ File Number(s): 2008/278833