Wang v Farkas (No 3) [2014] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wang v Farkas (No 3) [2014] NSWCA 111 Hearing dates: On the papers Decision date: 08 April 2014 Before: Bathurst CJ at [1]; Beazley P at [2]; Basten JA at [3] Decision: (1) Remove from the record orders (1)-(5) entered on 26 February 2014 by mistake. (2) Set aside the judgment and orders made in the District Court on 20 May 2011 in so far as they dismissed the appeal from the order made by the magistrate in the Local Court with respect to the costs of the proceedings before him. (3) Set aside the judgment and orders of the District Court made on 20 May 2011 with respect to the costs of the appeal. (4) Remit the matter to the District Court for final orders disposing of the appeal to that Court, in accordance with the judgments of this Court. (5) Make no order as to the costs of the parties in this Court. [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 - judgment and orders - scope of power to make orders in supervisory jurisdiction - whether court can make only order properly available below -whether court can make order as to costs in court below - Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 and Edwards v Santos Ltd [2011] HCA 8; 242 CLR 421 considered