Mahendran v Chase Enterprises Pty Ltd (No 2) [2013] NSWCA 411

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mahendran v Chase Enterprises Pty Ltd (No 2) [2013] NSWCA 411 Hearing dates: On the papers Decision date: 05 December 2013 Before: Barrett JA; Emmett JA; Gleeson JA Decision: 1. The appellant's notice of motion filed on 13 September 2013 is dismissed. 2. That the appellant pay the respondent's costs of the notice of motion. [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 - judgments and orders - application for correction pursuant to slip rule - no "clerical mistake, or an error arising from an accidental step or omission" - application to reopen judgment because of misapprehension - no relevant misapprehension - applications dismissed - no matter of principle Legislation Cited: Real Property Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Mahendran v Chase Enterprises Pty Ltd [2013] NSWCA 280 Category: Consequential orders Parties: Rajiv Kuma Mahendran (Appellant) Chase Enterprises Pty Ltd (Respondent) Representation: Counsel: Solicitors: Self-represented (Appellant) GRG Lawyers & Consultants (Respondent) File Number(s): CA 2012/299242