Toyota Finance Australia Limited v Gardiner (No 2) [2016] NSWCA 181

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Toyota Finance Australia Limited v Gardiner (No 2) [2016] NSWCA 181 Hearing dates: On the papers Decision date: 01 August 2016 Before: McColl JA; Leeming JA; Payne JA Decision: Application to vary costs order of 12 July 2016 refused Catchwords: COSTS – offer of compromise – "walk-away" offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.15A, 51.47, 51.48 Cases Cited: Mega-top Cargo Ptd Ltd v Moneytech Services Pty Ltd [2016] NSWCA 3 Taheri v Vitek (No 2) [2014] NSWCA 344 Category: Procedural and other rulings Parties: Toyota Finance Australia Limited (Appellant) Bradford Don Gardiner (Respondent) Representation: Counsel: RD Marshall (Respondent)

Solicitors: Farrar Lawyers (Appellant) Patey & Murphy Solicitors (Respondent) File Number(s): 2015/308325 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Civil Date of Decision: 2 October 2015 Before: Sorby DCJ File Number(s): 2014/276251 2014/276253

[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.]