Russell Gould Pty Ltd v Ramangkura (No 2) [2015] NSWCA 14

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Russell Gould Pty Ltd v Ramangkura (No 2) [2015] NSWCA 14 Hearing dates: On the papers Decision date: 16 February 2015 Before: Bathurst CJ; Barrett JA; Ward JA Decision: (1)Grant leave to the appellant to re-open. (2)Confirm the orders made on 9 September 2014. (3)Make no order as to costs in respect of the appellant's notice of motion filed on 24 September 2014. Catchwords: RESTITUTION – application by appellant to re-open – perceived need for court to decide issue not decided – whether Mr Gould had relevant authority of the appellant Cases Cited: Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd [1975] HCA 49; 133 CLR 72 Russell Gould Pty Ltd v Ramangkura [2014] NSWCA 310 Category: Consequential orders (other than Costs) Parties: Russell Gould Pty Ltd (Appellant) Vilailaksana Ramangkura (First Respondent) Russell Gould by his Tutor NSW Trustee and Guardian (Second Respondent) (Submitting appearance filed) Representation: Counsel: Mr R E Dubler SC/Mr J Hyde Page (Appellant) Mr L J Ellison SC/Mr P P O'Loughlin – (First Respondent) Solicitors: Dormer Stanhope (Appellant) CoyneLegal (First Respondent) NSW Trustee and Guardian (Second Respondent) File Number(s): CA 2013/276695

[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.]