Lawrence v Gunner [2016] NSWCA 216

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lawrence v Gunner [2016] NSWCA 216 Hearing dates: 18 August 2016 Decision date: 18 August 2016 Before: Gleeson JA Decision: (1) Appeal allowed. (2) Set aside the judgment and orders of Stevenson J of 16 July 2015 and of 21 August 2015 (with the exception of orders 6, 8, 9 and 10 made 21 August 2015). (3) Order that there be no order as to the costs of the proceedings No. SC 2012/277403 in the court below nor of this appeal. (4) Otherwise the Further Amended Statement of Claim and Cross Claim stand dismissed. (5) Notations A. These orders reflect the parties' compromise of these proceedings following successful Alternative Dispute Resolution. B. These orders including the Notations are without prejudice to such claims under s 99 of the Civil Procedure Act 2005 (NSW) as the parties may be advised to make, including any such claims which may be made against 3rd parties. Catchwords: PRODEDURE - Judgments and orders – amending, varying and setting aside – consent orders Legislation Cited: Civil Procedure Act 2005 (NSW), ss 99, 100 Supreme Court Act 1970 (NSW) s 46 Cases Cited: Re Felicity; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19 Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 944 Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 1229 Category: Procedural and other rulings Parties: Wayne Lawrence (First Appellant) Valerie Lawrence (Second Appellant) Frances Beatrice Gunner (Respondent) Representation: Counsel: Mr PE King (Appellants) Mr PB McKell (Solicitor) (Respondent)