Landbridge Transport Pty Limited v Buckley (No 3) [2014] NSWSC 1795

Supreme Court New South Wales

Medium Neutral Citation: Landbridge Transport Pty Limited v Buckley (No 3) [2014] NSWSC 1795 Hearing dates: 4 December 2014 Decision date: 19 December 2014 Before: Bellew J Decision: 1. The notice of motion is dismissed. 2. The plaintiff is to pay the defendant's costs of the notice of motion, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE - application for variation of orders - where previous appeal allowed and proceedings remitted to Magistrate in the Local Court to be further dealt with - motion subsequently brought seeking that the matter be referred to a different Magistrate - where the issue had been raised in argument at the hearing but was ultimately not pressed - whether court's jurisdiction to vary the order is enlivened - whether slip rule applies - notice of motion dismissed. Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Expo Aluminium (NSW) Pty Limited v Landbridge Transport Pty Limited v Buckley [2014] NSWSC 1379 Newmont Corporation and Goldman Sacks Group [2007] NSWCA 195; (2007) 70 NSWLR 411 Category: Principal judgment Parties: Landbridge Transport Pty Limited - Plaintiff Garry Buckley - Defendant Representation: Counsel: Solicitors: File Number(s): 2014/75955 Publication restriction: Nil

Judgment

INTRODUCTION 1By notice of motion filed on 27 October 2014 the plaintiff seeks, pursuant to r. 36.16(3A) of the Uniform Civil Procedure Rules 2005 ("the Rules"), that a previous order made by me in these proceedings on 13 October 2014, namely that the proceedings be remitted to the Magistrate in the Local Court to be further dealt with according to law, be varied by requiring that the proceedings be remitted to the Local Court to be heard by a different Magistrate. The order sought is opposed by the defendant. The notice of motion is supported by an affidavit of Rhys Boudib of 18 November 2014 which was read without objection. 2At the hearing, counsel for the plaintiff sought, and in the absence of objection was granted, leave to amend the notice of motion so as to add a claim for relief pursuant to r. 36.17 of the Rules.