Gurtler v Finance Now Pty Limited (ACN 102 197 973) (No 2) [2007] FCA 1237

Gurtler v Finance Now Pty Limited (ACN 102 197 973) (No 2) [2007] FCA 1237

The alleged factual error regarding the tense of the statement about bank statements did not affect the basis or the outcome of the original judgment; there was no sufficient reason to vary the order as the error (if any) was not operative.

Parties
Applicant: Christopher Gurtler; First Respondent: Finance Now Pty Limited (ACN 102 197 973); Second Respondent: Kosta Patsan
Jurisdiction
Australia
Judgment Date
14 August 2007
Procedural Posture
Motion / Post Judgment Application to Vary or Set Aside Judgment
Outcome
Motion dismissed with costs
Legal Topics
Legal Professional Privilege, Application to Set Aside or Vary Judgment, Costs
Evidence Civil Procedure Legal Professional Privilege Application to Set Aside or Vary Judgment Costs

Case Brief

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Parties

Christopher Gurtler

Applicant

Finance Now Pty Limited (ACN 102 197 973)

First Respondent

Kosta Patsan

Second Respondent

Procedural Posture

Motion / Post Judgment Application to Vary or Set Aside Judgment

Legal Issues

  1. 1 Whether the reasons for judgment contained a factual error affecting the outcome
  2. 2 Whether the order in Gurtler v Finance Now Pty Limited [2007] FCA 477 should be varied or set aside

Ratio Decidendi

The alleged factual error regarding the tense of the statement about bank statements did not affect the basis or the outcome of the original judgment; there was no sufficient reason to vary the order as the error (if any) was not operative.

Court Disposition

Motion dismissed with costs

Orders

  • The motion be dismissed with costs.