GM Amalgamated Investments (Dulwich Hill) Pty Ltd v Mills [2014] NSWCA 271

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GM Amalgamated Investments (Dulwich Hill) Pty Ltd v Mills [2014] NSWCA 271 Hearing dates: 11 August 2014 Decision date: 11 August 2014 Before: Leeming JA Decision: The amended notice of motion filed 31 July 2014 is dismissed. [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: PRACTICE AND PROCEDURE - costs - motion by former solicitor seeking relief over fruits of judgment - motion abandoned at hearing - no basis for costs order favourable to former solicitor Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), s 46 Cases Cited: AMC Commercial Cleaning (NSW) Pty Ltd v Coade [2013] NSWSC 192 Bernadette Mills v GM Amalgamated Investments (Dulwich Hill) Pty Ltd [2013] NSWSC 519 Ex parte Patience; Makinson v The Minister (1940) 40 SR NSW 96 GM Amalgamated Investments (Dulwich Hill) Pty Ltd v Mills [2014] NSWCA 202 Habib v Radio 2UE Sydney Pty Ltd [2013] NSWCA 347 Re Minister for Immigration and Ethnic Affairs; Ex-parte Lai Qin [1997] HCA 6; 186 CLR 622 Category: Interlocutory applications Parties: Mr Richard Black (Applicant on the Notice of Motion, non-party) Mills Oakley Lawyers (non-party) Representation: Counsel: Mr LD Robison (Mr Richard Black, applicant on the Notice of Motion) Mr S Aroney (Mills Oakley Lawyers, non-party) Solicitors: Mr R Black (applicant on the Notice of Motion) File Number(s): 2013/159286 Decision under appeal Jurisdiction: 9003 Citation: GM Amalgamated Investments (Dulwich Hill) Pty Ltd v Mills [2014] NSWCA 202 Date of Decision: 2014-06-27 00:00:00 Before: Emmett JA; Gleeson JA; Sackville AJA File Number(s): 2013/159286