Alanbert Pty Ltd v Bulevi Pty Ltd [2002] NSWSC 926

Alanbert Pty Ltd v Bulevi Pty Ltd [2002] NSWSC 926

There is no basis for setting aside the judgment or orders as the matters raised have been previously litigated, were either expressly abandoned or not supported by pleading or evidence, and no inadvertent omission or injustice justifying reopening has been demonstrated.

Parties
Plaintiff: Alanbert Pty Limited; Plaintiff: Bernoth Realty Pty Ltd; Plaintiff: Bertram Bernoth; Defendant: Bulevi Pty Ltd; Defendant: Davhand Pty Ltd
Jurisdiction
Australia
Judgment Date
30 September 2002
Procedural Posture
Equity Proceedings / Post Judgment Application to Set Aside Final Orders
Outcome
Application to set aside judgment refused.
Legal Topics
Setting Aside Judgments, Variation of Orders, Finality of Litigation, Contract and Pleadings
Civil Procedure Setting Aside Judgments Variation of Orders Finality of Litigation Contract and Pleadings

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Parties

Alanbert Pty Limited

Plaintiff

Bernoth Realty Pty Ltd

Plaintiff

Bertram Bernoth

Plaintiff

Bulevi Pty Ltd

Defendant

Davhand Pty Ltd

Defendant

Procedural Posture

Equity Proceedings / Post Judgment Application to Set Aside Final Orders

Legal Issues

  1. 1 Whether the final orders, including a monetary judgment, should be set aside based on asserted inadvertent omission or reconsideration of matters already decided
  2. 2 Whether the failure to contest certain items (e.g., $198,000 road work claim) amounts to injustice warranting reopening

Ratio Decidendi

There is no basis for setting aside the judgment or orders as the matters raised have been previously litigated, were either expressly abandoned or not supported by pleading or evidence, and no inadvertent omission or injustice justifying reopening has been demonstrated.

Court Disposition

Application to set aside judgment refused.

Orders

  • Application to set aside final orders refused.
  • Existing injunctions continued to 8 October 2002 upon undertaking as to damages.