Tyneside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2014] NSWCA 417

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tyneside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2014] NSWCA 417 Hearing dates: 12/06/2014; 15/09/2014 Decision date: 05 December 2014 Before: Basten JA at [1]; Meagher JA at [55]; Emmett JA at [56] Decision: (1) The appellants' notice of motion filed on 16 December 2013 be dismissed. (2) The appellants' notice of motion filed on 17 February 2014 be dismissed. (3) The appellants' notice of motion filed on 21 March 2014 be dismissed. (4) The appeal be dismissed. (5) The appellants pay the respondents' costs of the appeal. (6) Orders (4) and (5) be stayed for 42 days. (7) If, within that period of 42 days, security in the sum of $80,000 has been provided in accordance with the orders made by Sackville AJA on 29 November 2013, orders (4) and (5) be discharged and the respondents' notice of motion of 10 February 2014 be dismissed. (8) The respondents' costs of the motions referred to in orders (1), (2), (3) and (7) be the respondents' costs in 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 AND NEW TRIAL - review of single judge of appeal - nature of such a review - whether the orders single judge of appeal should be varied, by reason of error or of a change of circumstances - Supreme Court Act 1970 (NSW), s 46(4)