In the matter of an application by Sahab Holdings Pty Limited [2014] NSWCA 299

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: In the matter of an application by Sahab Holdings Pty Limited [2014] NSWCA 299 Hearing dates: On the papers Decision date: 02 September 2014 Before: McColl JA; Macfarlan JA; Tobias AJA; Decision: Grant Sahab Holdings Pty Ltd a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the order of the High Court on 10 April 2013 that it pay the costs of Castle Constructions Pty Ltd and the Registrar-General. [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 - grant of certificate under the Suitors' Fund Act 1951 (NSW) - an application for a certificate is a fresh proceeding - no reason not to issue the certificate Legislation Cited: Suitors' Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 36.16(3A) Cases Cited: Acquilina v Dairy Farmers Co-Operative Milk Co Ltd (No 2) [1965] NSWR 772 Castle Constructions Pty Ltd v Sahab Holdings Pty Ltd [2013] HCA 11; (2013) 247 CLR 149 Gurnett v Macquarie Stevedoring Co Pty Ltd (No 2) [1956] HCA 29; (1956) 95 CLR 106 Solomons v District Court of New South Wales [2000] NSWCA 99; (2000) 49 NSWLR 321 Solomons v District Court of New South Wales [2002] HCA 47; (2002) 211 CLR 119 Category: Procedural and other rulings Parties: Sahab Holdings Pty Ltd (Applicant) Representation: Solicitors: Kanjian & Company (Applicant) File Number(s): 2008/281514