Hilton v Berkemeier [2014] NSWCA 464

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hilton v Berkemeier [2014] NSWCA 464 Hearing dates: 5/12/2014 Decision date: 05 December 2014 Before: Emmett JA at [1]; Gleeson JA at [22] Decision: (1) The application for leave to appeal be dismissed. (2) The applicant pay the respondent's costs. [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 - application for leave to appeal - whether the primary judge was correct to find that the powers under rr 36.15 and 36.16 were enlivened so as to permit the setting aside of two earlier sets of orders - whether the application should be adjourned to allow the joinder of necessary parties Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 12.5, 36.15, 36.16 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Hilton v Gidley [2009] NSWSC 383 Category: Principal judgment Parties: Norman Anthony Hilton (Applicant) Cynthia Frances Berkemeier (Respondent) Representation: Counsel: J Svelha (Applicant) K Morgan with Z Hillman (Respondent) Solicitors: Pure Legal (Applicant) O'Neill Partners (Respondent) File Number(s): 2014/217127 Publication restriction: Nil Decision under appeal Citation: Hilton v Gidley [2014] NSWSC 874 Date of Decision: 2014-07-03 00:00:00 Before: Harrison J File Number(s): 2008/284408