Kim v Angus Developments Pty Ltd [2017] NSWCA 193

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kim v Angus Developments Pty Ltd [2017] NSWCA 193 Hearing dates: 3 August 2017 Date of orders: 03 August 2017 Decision date: 03 August 2017 Before: White JA; Emmett AJA Decision: Leave to appeal be refused with costs. Catchwords: LEAVE – granting leave on a separate question pursuant to s 103 of the Supreme Court Act 1970 (NSW) – whether sufficient grounds for departing from the usual principle Legislation Cited: Supreme Court Act 1970 (NSW), s 103 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Sam Sool Kim (First Applicant) Eun Hyung Shim (Second Applicant) Angus Developments Pty Ltd (Respondent) Representation: Counsel: M Ashhurst SC with L Corbett (Applicants) R McHugh SC with A Hochroth (Respondent)

Solicitors: BCP Lawyers & Consultants (Appellants) Jones Day (Respondent) File Number(s): 2017/169188 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2017] NSWSC 584 Date of Decision: 19 May 2017 Before: Pembroke J File Number(s): 2017/077460

[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.]