Glavan v Abigroup Contractors & Ors [2015] NSWSC 807

Supreme Court New South Wales

Medium Neutral Citation: Glavan v Abigroup Contractors & Ors [2015] NSWSC 807 Hearing dates: 19 June 2015 Date of orders: 23 June 2015 Decision date: 23 June 2015 Jurisdiction: Common Law Before: Campbell J Decision: Under rule 36.16(2)(b) Uniform Civil Procedure Rules 2005 (NSW), the consent judgment for the first defendant against the plaintiff entered on 1st June 2015 is set aside; The form of consent judgment signed by the solicitors for the plaintiff and the first defendant and filed on 28th May 2015 may lie in the Registry but is not to be given or entered under rule 36.1A Uniform Civil Procedure Rules until the determination of the issue of the liability of the first defendant to the plaintiff for the purposes of the claim of each other party for statutory contribution by the first defendant; The first defendant is to pay the third defendant's costs of and incidental to the notice of motion filed on 11th June 2015, in any event; Each other party to bear his or its own costs of the application; Confirm that the proceedings are fixed for hearing to commence on 6th July 2015. Catchwords: PROCEDURE – civil – application to set aside consent judgment by third defendant – judgment entered between first defendant and plaintiff – application of principles in James Hardie v Seltsam – effect of consent judgment between tortfeasors

PROCEDURE – civil – application for adjournment – to have issue determined at time of substantive hearing Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW); Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Cases Cited: Amaca Pty Ltd v State of New South Wales [2003] HCA 44; 199 ALR 596; Burrell v the Queen [2008] HCA 34; 238 CLR 218; Cameron v Cole [1944] HCA 5; 68 CLR 571 James Hardie & Co Pty Ltd v Seltsam Pty Ltd [1998] HCA 78: 196 CLR 53; John Alexander's Clubs Pty Ltd & Anor v White City Tennis Club Limited; Walker Corporation Pty Ltd v White City Tennis Club Limited and Ors [2010] HCA 19; 241 CLR 1; Oceanic Crest Shipping Co v Pilbara Harbour Services Pty Ltd (1986) 160 CLR 626; Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150; University of Wollongong v Metwally (No 2) [1985] HCA 28; 59 ALJR 481; Vacuum Oil Co Pty Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Procedural and other rulings Parties: Ivica Glavan (Plaintiff) Abigroup Contractors (1st Defendant) Brighton Australia Pty Ltd (cross-defendant/third cross claimant) Representation: Counsel: P.J. Mooney SC (Plaintiff); A. McArthur (1st Defendant); P.A. Horvath (2nd and 3rd Defendants); M. J Strachan (3rd Cross Claimant)