Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No 2) [2014] NSWCA 406

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No 2) [2014] NSWCA 406 Hearing dates: On the papers Decision date: 28 November 2014 Before: Basten JA; Meagher JA; Tobias AJA Decision: Dismiss the appellants' motion filed 11 November 2014 seeking to have the orders made on 30 October 2014 set aside. [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 - appeal - power to reopen judgment and set aside orders - orders entered - failure to address submission - failure to refer to authorities relied on by applicants Legislation Cited: Evidence Act 1995 (NSW), s 79 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16 Cases Cited: Born Brands Pty Ltd v Channel Nine Network Australia Pty Ltd [2014] NSWCA 369 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588 Makita Australia Pty Ltd v Spowles (2001 52 NSWLR 75 Category: Consequential orders Parties: Born Brands Pty Ltd (First Appellant) Hayley Birtles-Eades (Second Appellant) Sally Birtles (Third Appellant)

Nine Network Australia Pty Ltd (First Respondent) Gabriella Rogers (Second Respondent) Georgie Gardner (Third Respondent) Representation: Counsel: Mr CA Evatt, Mr RKM Rasmussen, Mr DJ Dibb (Appellants) Mr TD Blackburn SC, Mr ATS Dawson (Respondents) Solicitors: Beazley Singleton Lawyers (Appellants) Johnson Winter & Slattery (Respondents) File Number(s): 2013/360306 Decision under appeal Jurisdiction: 9111 Citation: [2013] NSWSC 1649; [2013] NSWSC 1651 Before: Adamson J File Number(s): SC 2011/115199