NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McHugh & Anor v Eastern Star Gas Ltd & Ors (No 2) [2012] NSWCA 419 Hearing dates: 22 May 2012 Decision date: 14 December 2012 Before: Bathurst CJ at [1]; Macfarlan JA at [16] Decision: 1 The applicants file a Notice of Appeal within 7 days of the making of these orders. 2 The cross-application is dismissed. 3 Eastern Star Gas Ltd is to pay the costs of the cross-respondents of the cross-application. 4 Order (vii) of the orders made by R S Hulme J on 3 June 2011 be set aside. [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 - entry of judgments and orders - application to set aside or vary orders - UCPR r 36.17. Legislation Cited: Supreme Court Act 1970 s 45AA Uniform Civil Procedure Rules 2005 r 36.17 Category: Consequential orders Parties: Michael Robert McHugh (First Applicant/1st Cross Respondent) ACN 109 532 630 Pty Ltd (Second Applicant/2nd Cross Respondent) Eastern Star Gas Ltd (First Respondent/Cross Applicant) Ronald Von Harten (Second Respondent) Dean Von Harten (Third Respondent) Steven Charles Grammer (Fourth Respondent/3rd Cross Respondent Representation: A.P. Cheshire, A. Kaufmann (Applicants/ 1st & 2nd Cross Respondents) R.C. Scruby (First, Second & Third Respondents/Cross Applicant) HWL Ebsworths (Applicants/ 1st & 2nd Cross Respondents) Piper Alderman (First, Second & Third Respondents/Cross Applicant) File Number(s): 2010/039033 Publication restriction: No Decision under appeal Jurisdiction: 9111 Citation: [2011] NSWSC 513 Date of Decision: 2011-06-03 00:00:00 Before: R S Hulme J File Number(s): 2010/039033
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