AAI Ltd t/a Vero Insurance v Solarus Projects Pty Ltd (Receivers and Managers appointed) (in liq) [2014] NSWCA 168

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AAI Ltd t/a Vero Insurance v Solarus Projects Pty Ltd (Receivers and Managers appointed) (in liq) [2014] NSWCA 168 Hearing dates: 22 May 2014 Decision date: 22 May 2014 Before: Barrett JA at [1], [22]; Leeming JA at [2] Decision: Summons seeking leave to appeal 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: APPEAL - civil - leave to appeal - challenge to decision to order separate question Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59 Corporations Act 2001 (Cth), s 50AA Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Aon Risk Services Australia Ltd v Australia National University [2009] HCA 27; 239 CLR 175 House v The King (1936) 55 CLR 499 In re the Will of FB Gilbert (1946) 46 SR (NSW) 318 at 323 Opal Group Holdings (Australia) Pty Limited v Franklins Limited [2002] NSWCA 169 Re Mutual Storm Limited [2014] NSWSC 615 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 Tepko Pty Ltd v Water Board [2001] HCA 19; 206 CLR 1 The Age Company Ltd v Liu [2013] NSWCA 26; 82 NSWLR 286 Category: Principal judgment Parties: AAI Ltd t/a Vero Insurance (Applicant) Solarus Projects Pty Ltd (Receivers and Managers appointed) (in liq) (Respondent) Representation: Counsel: AS Martin SC / J Hynes (Applicant) A Leopold SC / Z Heger (Respondent) Solicitors: Carter Newell (Applicant) DLA Piper Australia (Respondent) File Number(s): 2014/10702 Decision under appeal Citation: [2013] NSWSC 1966 Date of Decision: 2013-12-17 00:00:00 Before: Campbell J File Number(s): 2011/154276