Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 3) [2014] NSWCA 130

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 3) [2014] NSWCA 130 Hearing dates: 12 November 2013 Decision date: 17 April 2014 Before: Meagher JA; Barrett JA; Ward JA Decision: Notice of motion filed by Illawarra Hotel Company Pty Ltd on 25 July 2013 dismissed with 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 - application for leave to re-open after judgment - whether court proceeded on the basis of substantive misapprehension - no different result warranted - application dismissed Cases Cited: Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd [2013] NSWCA 6 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 2) [2013] NSWCA 211 Category: Consequential orders Parties: Illawarra Hotel Company Pty Ltd (Appellant) Walton Construction Pty Ltd (Respondent) Representation: Counsel: S R Donaldson SC/J Muir (Appellant) M R Gracie/D Neggo (Respondent) Solicitors: Norbert Lipton & Co (Appellant) Crisp Legal (Respondent) File Number(s): 2008/290556