BERKELEY CHALLENGE PTY LTD v BLIGHT; TEMPO SERVICES PTY LTD v BLIGHT [1996] NSWCA 46

BERKELEY CHALLENGE PTY LTD v BLIGHT; TEMPO SERVICES PTY LTD v BLIGHT [1996] NSWCA 46

The Court of Appeal's previous judgment was set aside because it was made on a false premise; the judgment relied on notes rather than the certified formal judgment of the court below, and parties are entitled to a full determination on the actual judgment.

Parties
Appellant: Berkeley Challenge Pty Ltd; Appellant: Tempo Services Pty Ltd; Respondent: Blight
Jurisdiction
Australia
Judgment Date
28 October 1996
Procedural Posture
Appeal / Application to Set Aside Judgment of Court of Appeal Prior to Entry
Outcome
Judgment of Court of Appeal (dated 18 July 1996) set aside; appeal to be relisted and reheard on the basis of the correct (formal) judgment.
Legal Topics
Appeals, Judicial Reasons, Setting Aside Judgments
Civil Procedure Appeals Judicial Reasons Setting Aside Judgments

Case Brief

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Parties

Berkeley Challenge Pty Ltd

Appellant

Tempo Services Pty Ltd

Appellant

Blight

Respondent

Procedural Posture

Appeal / Application to Set Aside Judgment of Court of Appeal Prior to Entry

Legal Issues

  1. 1 Whether the judgment of the Court of Appeal should be set aside because it was based on notes and not the formal judgment of the trial court
  2. 2 Whether parties are entitled to a determination of the appeal on the formal judgment

Ratio Decidendi

The Court of Appeal's previous judgment was set aside because it was made on a false premise; the judgment relied on notes rather than the certified formal judgment of the court below, and parties are entitled to a full determination on the actual judgment.

Court Disposition

Judgment of Court of Appeal (dated 18 July 1996) set aside; appeal to be relisted and reheard on the basis of the correct (formal) judgment.

Orders

  • That the appeal be listed for hearing in the next Compensation Court list.
  • That the stay in place will continue until the determination of the Court of Appeal hearing, or further order of this court.