Thompson & Anor t/as Staunton and Thompson Lawyers v Schacht (No 2) [2015] NSWCA 70

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Thompson & Anor t/as Staunton and Thompson Lawyers v Schacht (No 2) [2015] NSWCA 70 Hearing dates: 20 March 2015 Decision date: 25 March 2015 Before: Basten JA; Barrett JA; Leeming JA Decision: 1. Give judgment in the amount of $382,488 in favour of Mr Schacht, in lieu of the judgment entered on 21 May 2013.

2. The respondent to pay the appellants' costs in this Court on the ordinary basis, including costs of the notice of motion filed 5 September 2014.

3. The parties to provide agreed consequential orders within 14 days of today, with a view to their being made in chambers. Failing agreement, the parties are to provide within 21 days of today a short document identifying the further orders sought and the reasons for those orders, with any remaining issues to be determined by a Judge of Appeal. Catchwords: PRACTICE – application to reopen after judgment delivered but before orders entered – issue raised by appellant and not determined by court – no disentitling discretionary factor – application granted Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Schacht v Bruce Lockhart Thompson (No 3) [2013] NSWSC 316 Thompson & Anor t/as Staunton and Thompson Lawyers v Schacht [2014] NSWCA 247 Category: Consequential orders (other than Costs) Parties: Bruce Lockhart Thompson and Dennis Michael Staunton t/as Staunton and Thompson Lawyers (Appellants) Daniel Schacht (Respondent) Representation: Counsel: A P Cheshire (Appellants) D A Lloyd (Respondent)