Aukuso v Tahan [No 2] [2018] NSWCA 302

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Aukuso v Tahan [No 2] [2018] NSWCA 302 Hearing dates: On the papers Decision date: 07 December 2018 Before: Macfarlan JA at [1] Meagher JA at [2] Simpson AJA at [6] Decision: 1. Notice of Motion filed by the appellant on 20 June 2018 dismissed. 2. Appellant to pay the respondent's costs of the Notice of Motion. Catchwords: COSTS – offers of settlement – where appellant made offer of compromise – where offer not accepted – where outcome substantially similar to the offer made – whether proper basis for departure from the prima facie rule

PROCEDURE – judgments and orders – setting aside judgment or order after entry – motion to set aside order filed more than 14 days after orders entered – whether court has jurisdiction to set aside or vary order where application made outside 14 day time limit – whether applicant notified court of motion within time limit – whether appropriate for court to dispense with rule prescribing form of notice for motion – Civil Procedure Act 2005 (NSW), s 14; Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Category: Costs Parties: Taelase Aukuso (Appellant) Hana Tahan (Respondent) File Number(s): 2017/336371 Decision under appeal File Number(s): 2017/336371

[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.]