Wardle v Agricultural and Rural Finance Pty Ltd (No 4) [2014] NSWCA 206

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wardle v Agricultural and Rural Finance Pty Ltd (No 4) [2014] NSWCA 206 Hearing dates: 23 June 2014 Decision date: 02 July 2014 Before: Beazley P; Barrett JA, Sackville AJA Decision: 1. ARF's amended notice of motion dismissed. 2. No order as to the costs of the motion. [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 - slip rule - when to clarify orders - remitting proceedings to the Equity Division - no error shown in the orders - no other basis for modifying the orders Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.17 Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; 238 CLR 570 Wardle v Agricultural and Rural Finance Pty Ltd (No 2) [2012] NSWCA 388 Wardle v Agricultural and Rural Finance Pty Ltd (No 3) [2013] NSWCA 207 Wardle v Agricultural and Rural Finance Pty Ltd [2012] NSWCA 107 Category: Procedural and other rulings Parties: David James Wardle Gavin Winston Long Franco Giannuzzi Geoffrey Nevell Fredericksen Nicholas Charles Rowe Maria Francesca Russo Jennifer Diane Wallace (Appellants)