Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2014] NSWCA 34

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2014] NSWCA 34 Hearing dates: 18 September 2013 Decision date: 04 March 2014 Before: Beazley P at [1]; Basten JA at [2]; Leeming JA at [60] Decision: (1) Set aside the orders made by Allsop P on 21 February 2013 as between the applicants and the first, second, fourth and fifth respondents. (2) Grant the applicants an extension of time within which to appeal, as against the first, second, fourth and fifth respondents. (3) The costs of the proceedings, as between the applicants and the first, second, fourth and fifth respondents, both before Allsop P and in the review proceedings, should be the respondents' costs in the appeal. (4) Dismiss the application in relation to the third and sixth respondents. (5) The applicants to pay the third and sixth respondents costs of the review application. (6) Direct that an amended notice of appeal be filed omitting claims for relief against the third and sixth respondents. [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: PRACTICE AND PROCEDURE - review of a decision by single Judge of Appeal refusing to extend time to appeal because no real prospects of success - whether reviewable error - material error of fact - Supreme Court Act 1970 (NSW), s 46