Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) v BestCare Foods Ltd [2013] NSWCA 229

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) v BestCare Foods Ltd [2013] NSWCA 229 Hearing dates: 16 July 2013 Decision date: 19 July 2013 Before: Macfarlan JA at [1] Hoeben JA at [2] Ward JA at [3] Decision: 1. Order 3 of the orders made on 24 April 2013 be varied by inserting, after paragraph (a) the following: (aa) The referee's reasoning and conclusions are rejected insofar as they reflect a failure to recommend an award on account of lost profits in respect of the period between 23 January 2003 and 24 November 2004. 2. 2. Otherwise the Notice of Motion filed 7 May 2013 be 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: PROCEDURE - application to vary orders of the Court - application in the alternative to recall part of the reasons for decision Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Newmont Yandal Operations Pty Ltd v J Aron Corp [2007] NSWCA 195; (2007) 70 NSWLR 411 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Category: Procedural and other rulings Parties: Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd (First Appellant/Respondent on motion) Origin Energy Retail Ltd (Second Appellant/Respondent on motion) BestCare Foods Ltd (First Respondent/Applicant on motion) BestCare Foods (Sales) Pty Ltd (Second Respondent/Applicant on motion) Representation: Counsel: B W Walker SC with E G Romaniuk, R D Glover (Appellants/Respondents on motion) M L Williams SC with D S Weinberger, S A Lawrance (Respondents/Applicants on motion) Solicitors: Hunt & Hunt (Appellants/Respondents on motion) McCabe Terrill (Respondents/Applicants on motion) File Number(s): CA 2012/223427 Decision under appeal Jurisdiction: 9111 Citation: BestCare Foods Ltd & Anor v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd & Anor [2012] NSWSC 574, [2012] NSWSC 670 Before: McDougall J File Number(s): SC 2005/270917