DSG Holdings Australia Pty Ltd v Helenic Pty Ltd [2014] NSWCA 96

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DSG Holdings Australia Pty Ltd v Helenic Pty Ltd [2014] NSWCA 96 Hearing dates: 07/03/2014 Decision date: 07 March 2014 Before: Meagher JA at [1]; Leeming JA at [2]; Bergin CJ in Eq at [144] Decision: 1. Grant leave to the first and second respondents to file in court the notice of contention dated 6 March 2014. 2. Grant leave to the appellants to file and serve the amended notice of appeal appearing at page 100 and following of the Orange Book. 3. The appellants' notice of motion filed 7 February 2014 be dismissed. 4. The summons seeking leave to appeal filed 7 February 2014 be dismissed. 5. Otherwise and to the extent necessary dismiss the appeal. 6. Direct the parties within 14 days to file a note of any orders to be made by consent, failing which each party is to file and serve within that time proposed orders and short submissions as to the costs orders sought. Note: Orders 1-5 made 7 March 2014 Order 6 made 3 April 2014 [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 - nature of appeal from decision to set aside deed of company arrangement