Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd (No 3) [2018] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd (No 3) [2018] NSWCA 3 Hearing dates: On the papers Decision date: 01 February 2018 Before: Bathurst CJ; Meagher JA; Emmett AJA Decision: 1. Order that the orders made on 15 December 2017 be rescinded. 2. Order that the Notice of motion filed on 5 September 2017 be dismissed. 3. Order the applicant to pay the costs of the respondents of the motion. Catchwords: CIVIL PROCEDURE – Notice of motion to set aside or vary a judgment or order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd [2017] NSWCA 207 Category: Consequential orders (other than Costs) Parties: Land Enviro Corp Pty Ltd (In Liquidation) (Applicant) HTT Huntley Heritage Pty Ltd, Robert Michael Renshall and Devubo Pty Ltd (Respondents) Representation: Counsel: S Zdrilic (Applicant) AC Harding (Respondents)

Solicitors: K&L Gates (Respondents) File Number(s): 2012/156726 Decision under appeal Court or tribunal: Court of Appeal Date of Decision: 22 August 2017 Before: Bathurst CJ; Meagher JA; Emmett AJA File Number(s): 2012/156726

[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.]