Ibrahim v PERI Australia Pty Limited [2013] NSWCA 328

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ibrahim v PERI Australia Pty Limited [2013] NSWCA 328 Hearing dates: 18 September 2013 Decision date: 18 September 2013 Before: Beazley P at [1], [34]; Leeming JA at [32] Decision: Summons 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 - civil - leave to appeal - whether primary judge erred in making order as to costs on discontinuance - no error. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd [1993] FCA 585; 44 FCR 194 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Fordyce v Fordham [2006] NSWCA 274; 67 NSWLR 497 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; 101 FCR 548 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Category: Principal judgment Parties: Romeo Ibrahim (Applicant) PERI Australia Pty Limited (Respondent) Representation: Counsel: D K L Raphael (Applicant) E T Finnane (Respondent) Solicitors: Penhall & Co (Applicant) Polczynski Lawyers (Respondent) File Number(s): 2013/73780 Decision under appeal Jurisdiction: 9111 Citation: Peri v A1 Civil Formwork Pty Ltd [2013] NSWSC 73 Date of Decision: 2013-02-13 00:00:00 Before: Macready AsJ File Number(s): 2012/223507