Weber v Aquaqueen International Pty Ltd; Aquaqueen International Pty Ltd v Weber [2013] NSWSC 1181

Weber v Aquaqueen International Pty Ltd; Aquaqueen International Pty Ltd v Weber [2013] NSWSC 1181

Aquaqueen failed to establish any factual or legal irregularity in the entry of judgment. There was no evidence that original certificates were not filed, any title error was irrelevant, and the inclusion of amounts certified under s 369 of the Legal Profession Act 2004 did not make the judgment irregular because the legislation permitted the costs assessor to determine those costs and the filed certificate to operate as a judgment between the parties. In any event, finality and the absence of any meritorious challenge meant no sufficient cause or appropriateness was shown to set aside the judgment. Because the statutory demand was based on a valid judgment that had not been set aside or...

Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Notice of Motion to Set Aside a Judgment Entered on Costs Certificates and Application Under S 459 G of the Corporations Act 2001 (cth) to Set Aside a Statutory Demand / Principal Judgment After the Two Matters Were Heard Together
Outcome
Aquaqueen's Notice of Motion to set aside the judgment and its application to set aside the statutory demand were dismissed, with Aquaqueen ordered to pay Mr Weber's costs of both proceedings.
Legal Topics
['cost Assessment Certificates' 'enforcement of Costs Certificates' 'setting Aside Perfected Final Orders' 'irregular Judgment' 'statutory Demand' 'finality of Litigation']
['costs' 'civil Procedure' 'corporations'] ['cost Assessment Certificates' 'enforcement of Costs Certificates' 'setting Aside Perfected Final Orders' 'irregular Judgment' 'statutory Demand' 'finality of Litigation']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside a Judgment Entered on Costs Certificates and Application Under S 459 G of the Corporations Act 2001 (cth) to Set Aside a Statutory Demand / Principal Judgment After the Two Matters Were Heard Together

Legal Issues

  1. 1 ['Whether the judgment entered on 28 November 2012 upon filing four costs assessment certificates was irregular because original certificates were allegedly not filed in the Registry.' 'Whether the judgment was irregular because of an erroneous title describing the parties as First Plaintiff and First Defendant.' "Whether the judgment was irregular because it included amounts certified under s 369 of the Legal Profession Act 2004 for costs of the costs assessment, including costs assessor's costs." 'Whether sufficient cause or appropriateness was shown under rr 36.15 or 36.16 of the Uniform Civil Procedure Rules 2005 to set aside the judgment.' 'Whether the statutory demand based on the judgment should be set aside under s 459G of the Corporations Act 2001 (Cth).']

Ratio Decidendi

Aquaqueen failed to establish any factual or legal irregularity in the entry of judgment. There was no evidence that original certificates were not filed, any title error was irrelevant, and the inclusion of amounts certified under s 369 of the Legal Profession Act 2004 did not make the judgment irregular because the legislation permitted the costs assessor to determine those costs and the filed certificate to operate as a judgment between the parties. In any event, finality and the absence of any meritorious challenge meant no sufficient cause or appropriateness was shown to set aside the judgment. Because the statutory demand was based on a valid judgment that had not been set aside or...

Court Disposition

Aquaqueen's Notice of Motion to set aside the judgment and its application to set aside the statutory demand were dismissed, with Aquaqueen ordered to pay Mr Weber's costs of both proceedings.

Orders

  • ['Notice of Motion filed by Aquaqueen on 11 December 2012 be dismissed.' 'Application to Set Aside Statutory Demand filed by Aquaqueen on 17 December 2012 be dismissed.' "Aquaqueen to pay Mr Weber's costs of both proceedings."]