HP Mercantile Pty Ltd v Dierickx (No 2) [2014] NSWCA 118

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: HP Mercantile Pty Ltd v Dierickx (No 2) [2014] NSWCA 118 Hearing dates: On the papers Decision date: 11 April 2014 Before: Beazley P; Meagher JA; Emmett JA Decision: (1) The notice of motion filed on 6 January 2014 be dismissed otherwise than in respect of orders made by consent. (2) The applicant pay the respondents' costs of the motion in so far as it relates to indemnity 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: PROCEDURE - judgments and orders - amending, varying and setting aside

PROCEDURE - costs - order for costs on indemnity basis - offers of compromise - whether it was unreasonable not to accept offers Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.17 Cases Cited: Calderbank v Calderbank [1975] All ER 333 HP Mercantile Pty Limited v Dierickx [2013] NSWCA 479 Category: Consequential orders Parties: HP Mercantile Pty Limited (Appellant) Ludo Victor Dierickx (First Respondent) Wendy Anne Dierickx (Second Respondent) Tumut River Orchard Management Limited (in liq) (Third Respondent) Representation: Counsel: P Knowles (Appellant) S Fendekian (First and Second Respondents) Solicitors: Versace McKenzie Lawyers (Appellant) Piper Alderman (First and Second Respondents) File Number(s): 2012/290553 Publication restriction: Nil Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 1005 Date of Decision: 2012-08-31 00:00:00 Before: White J File Number(s): 2006/294773