Gigi Entertainment Pty Limited v Schmidt (No 2) [2013] NSWSC 242

Supreme Court New South Wales

Medium Neutral Citation: Gigi Entertainment Pty Limited v Schmidt (No 2) [2013] NSWSC 242 Hearing dates: 1 March 2013 Decision date: 27 March 2013 Jurisdiction: Common Law Before: Schmidt J Decision: The parties should now file short minutes reflecting these conclusions within 7 days. They should include the following order as to return of the exhibits: "that exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined." Catchwords: PROCEDURE - notice of motion - leave sought to re-open case - leave refused - reasons for decision - Consequences of the refusal of the re-opening application declaratory relief - pre-judgment interest - costs - interest on costs - stay - orders Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Amalgamated Holdings Ltd v North Sydney [2012] NSWLEC 138; (2012) 191 LGERA 51 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Bennett v Jones and Another [1977] 2 NSWLR 355 Corbett v Nguyen (No 2) [2012] NSWSC 673 Drummond & Rosen Pty Limited v Easey (No 2) [2009] NSWCA 331 Gigi Entertainment Pty Limited v Schmidt [2012] NSWSC 1423 Gigi Entertainment Pty Ltd v Schmidt [2010] NSWSC 906 Hexiva Pty Ltd v Lederer (Costs) [2006] NSWSC 1259 ICT Pty Limited v Sea Containers Limited [2006] NSWSC 1280 MacKinnon v Petersen (Supreme Court of New South Wales, Cole J, 19 April 1989, unreported) North Sydney Leagues Club Ltd v Synergy Protection Agency Pty Ltd [2011] NSWSC 804 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Ruby v Marsh [1975] HCA 32; (1975) 132 CLR 642 Ryding v Miles [2012] NSWSC 312 Samkev Investments Pty Ltd (No 2) [2012] NSWSC 745 Tomasetti v Brailey [2012] NSWSC 120 Wood v Inglis Research Trust Pty Ltd [2010] NSWSC 749 Category: Costs Parties: Gigi Entertainment Pty Limited ACN 127 024 168 (Plaintiff) Michael Karl Schmidt (Defendant) Representation: Counsel: Mr D Pritchard SC (Plaintiff) Mr S Robertson (Defendant) Solicitors: Holman Webb Lawyers (Plaintiff) McCauley Hawach Lawyers (Defendant) File Number(s): 2008/289478 Publication restriction: None