Gilbert v Kik [2021] NSWSC 238

Gilbert v Kik [2021] NSWSC 238

There was no irregularity in the entry of judgment without stating plaintiffs' representative capacity, as the omission caused no practical detriment; defendants' notice of motion had no purpose and was dismissed.

Jurisdiction
Australia
Judgment Date
19 March 2021
Procedural Posture
Notice of Motion / Determination of Application to Set Aside Judgment
Outcome
Application dismissed
Legal Topics
['amendment and Setting Aside of Judgments' 'representative Capacity' 'costs Assessment' 'irregularity in Entry of Judgment']
['civil Procedure'] ['amendment and Setting Aside of Judgments' 'representative Capacity' 'costs Assessment' 'irregularity in Entry of Judgment']

Case Brief

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Procedural Posture

Notice of Motion / Determination of Application to Set Aside Judgment

Legal Issues

  1. 1 ["Whether judgment should be set aside for irregularity due to omission of plaintiffs' representative capacity" 'Whether plaintiffs must be described in representative capacity in judgment' 'If detriment would be caused to defendants by enforcing the judgment as entered']

Ratio Decidendi

There was no irregularity in the entry of judgment without stating plaintiffs' representative capacity, as the omission caused no practical detriment; defendants' notice of motion had no purpose and was dismissed.

Court Disposition

Application dismissed

Orders

  • ["The defendants' notice of motion filed 9 December 2020 is dismissed." "The defendants are to pay the plaintiffs' costs of the notice of motion."]