Menzies v Paccar Financial Pty Ltd (No 4) [2014] NSWCA 210

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Menzies v Paccar Financial Pty Ltd (No 4) [2014] NSWCA 210 Hearing dates: 5, 6 June 2014 Decision date: 01 July 2014 Before: Emmett JA; Leeming JA; Sackville AJA Decision: 1. Stand the matter over until 9:30 am on 30 August 2014 before a Judge of the Court. 2. Grant liberty to Paccar to file and serve an affidavit annexing the responses of the Attorney General of New South Wales and the Attorney General of Victoria (or of their officers or agents) to Paccar's notification of the liquidator's disclaimer and of these proceedings. 3. The Court notes that if such an affidavit is filed and served by Paccar before the expiration of 28 days from the date of these orders, and the affidavit shows that neither New South Wales nor Victoria wishes to be joined to the proceedings or to be heard on any issue in the proceedings, the Court will vacate Order 1 above and order without a further hearing that the Menzies' appeal be dismissed and that they pay Paccar's costs of the appeal. [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 - adjournment - whether the primary judge erred in failing to grant an adjournment - whether the primary judge failed to take relevant matters into account

APPEAL - rehearing - whether the primary judge erred in failing to grant a rehearing to allow the appellant to put on additional evidence