Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd (No 2) [2015] NSWDC 241

District Court New South Wales

Medium Neutral Citation: Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd (No 2) [2015] NSWDC 241 Hearing dates: 23-26 February 2015; 5 March 2015; 4 May 2015; 23 June 2015; 25 June 2015; 31 July 2015 Decision date: 10 September 2015 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: Orders of this Court made 31 July 2015 amended pursuant to the slip rule. The amount in clause 1 is to read "$138,105.59" and clause 3A to be inserted: "The costs order made by Judge Mahony SC in Albury on 18 March 2013 remains in effect." Catchwords: CIVIL LAW – practice and procedure – consent orders entered – orders failed to include interest component – clarification of earlier costs order – application to amend orders – slip rule

WORDS AND PHRASES – "judgment" – statutory definition Legislation Cited: Civil Procedure Act 2005 (NSW), s 3 Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Cases Cited: Newmont Yandal Operations Pty Ltd v The J Aron Corporation & The Goldman Sachs Group, Inc [2007] NSWCA 195; 70 NSWLR 411 Category: Consequential orders (other than Costs) Parties: Local Court Proceedings:

Boral Ltd (First Plaintiff) Boral Resources (Country) Pty Ltd (Second Plaintiff) Foley & Bear Pty Ltd trading as J & R Industries (First Defendant) Stephen George Bear (Second Defendant)

District Court Proceedings:

Foley & Bear Pty Ltd trading as J & R Industries (Plaintiff) Boral Ltd (Defendant) Representation: Counsel: C P Locke (Boral Ltd and Boral Resources (Country) Pty Ltd) B Lloyd (Foley & Bear Pty Ltd trading as J & R Industries and Stephen George Bear)