Boele v Rinbac Pty Ltd [2014] NSWCA 277

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boele v Rinbac Pty Ltd [2014] NSWCA 277 Hearing dates: 18 August 2014 Decision date: 18 August 2014 Before: Leeming JA Decision: 1. Dismiss the notice of motion filed 23 June 2014, with costs. 2. The first respondent file and serve, if it so wishes, submissions directed to why the costs the subject of Order 1 not be quantified in the amount of $2,900 exclusive of GST, within seven days of today. 3. I note that in light of any submissions received by the first respondent pursuant to Order 2, I will determine, shortly after seven days from today, whether to quantify the costs order, and if so, in the amount of $2,900 or some lesser amount on the papers and advise the parties thereafter. 4. Direct the applicant within 7 days of today to file and serve a further amended summons in the form which has been debated before me today. 5. Direct Mr Deren Hassan to advise the instructing officer or officers of his client Rinbac of the obligations to which they are subject under s 56(3) and (4) within 7 days of today and in writing. [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 - leave to amend - draft amended summons served after submissions filed - objections to amendments to be determine in light of submissions - costs - seeming non-compliance with Civil Procedure Act 2005 (NSW), s 56 Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 67 Uniform Civil Procedures Rules 2005 (NSW), r 59.4(b) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Category: Interlocutory applications Parties: Pieter Boele (Applicant) Rinbac Pty Ltd (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: D Nagle (Applicant) M Allars SC with G Lucarelli (First Respondent) Solicitors: Platinum Lawyers (Applicant) Landerer & Company (First Respondent) File Number(s): 2014/135146 Decision under appeal Citation: [2014] NSWDC 111 Date of Decision: 2014-03-21 00:00:00 Before: Cogswell SC DCJ File Number(s): DC 2013/00276281