Zimmerman v Perkiss (No.2) [2022] NSWDC 458

Zimmerman v Perkiss (No.2) [2022] NSWDC 458

Given the absence of any clear or specified amendments, the lateness of the application, lack of forewarning to the court or the defendant, and the importance of finality in litigation, there were no exceptional circumstances warranting refusal to enter the judgment. The plaintiff's apprehensions about estoppel or res judicata were not sustained by the facts or law. The oral application to stay entry of the orders was refused with costs.

Jurisdiction
Australia
Judgment Date
07 October 2022
Procedural Posture
Civil / Post Judgment Application for Stay of Entry of Orders
Outcome
Application refused with costs.
Legal Topics
['stay of Judgment' 'amendment of Pleadings' 'entry of Orders' 'finality of Litigation']
['civil Procedure'] ['stay of Judgment' 'amendment of Pleadings' 'entry of Orders' 'finality of Litigation']

Case Brief

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Procedural Posture

Civil / Post Judgment Application for Stay of Entry of Orders

Legal Issues

  1. 1 ['Whether the entry of orders on JusticeLink should be stayed to allow the plaintiff to seek leave to amend the statement of claim after judgment']

Ratio Decidendi

Given the absence of any clear or specified amendments, the lateness of the application, lack of forewarning to the court or the defendant, and the importance of finality in litigation, there were no exceptional circumstances warranting refusal to enter the judgment. The plaintiff's apprehensions about estoppel or res judicata were not sustained by the facts or law. The oral application to stay entry of the orders was refused with costs.

Court Disposition

Application refused with costs.

Orders

  • ["Plaintiff's oral application to stay the entry of the orders made in Zimmerman v Perkiss [2022] NSWDC 448 on JusticeLink refused with costs." 'The orders in this application, as well as in Zimmerman v Perkiss [2022] NSWDC 448, are to be entered on JusticeLink forthwith.']