Landbridge Transport Pty Limited v Buckley (No 3) [2014] NSWSC 1795

Landbridge Transport Pty Limited v Buckley (No 3) [2014] NSWSC 1795

The application was dismissed because the issue of referring the matter to a different Magistrate had been raised and not pressed at the original hearing; there was no misapprehension of fact or law to enliven r. 36.16(3A), nor any clerical mistake or accidental omission to support relief under the slip rule (r....

Source-derived case information.

Parties
Plaintiff: Landbridge Transport Pty Limited; Defendant: Garry Buckley
Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Notice of Motion (variation of Orders) / Post Judgment Application After Remitter
Outcome
Notice of motion dismissed.
Legal Topics
Variation of Orders, Slip Rule, Local Court Remitter, Judicial Discretion
Practice and Procedure Variation of Orders Slip Rule Local Court Remitter Judicial Discretion

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Parties

Landbridge Transport Pty Limited

Plaintiff

Garry Buckley

Defendant

Procedural Posture

Notice of Motion (variation of Orders) / Post Judgment Application After Remitter

Legal Issues

  1. 1 Whether the Court's jurisdiction to vary the remitter order is enlivened under r. 36.16(3A) of the Uniform Civil Procedure Rules 2005
  2. 2 Whether relief should be granted under the slip rule (r. 36.17) to remit matter to a different Magistrate

Ratio Decidendi

The application was dismissed because the issue of referring the matter to a different Magistrate had been raised and not pressed at the original hearing; there was no misapprehension of fact or law to enliven r. 36.16(3A), nor any clerical mistake or accidental omission to support relief under the slip rule (r. 36.17).

Court Disposition

Notice of motion dismissed.

Orders

  • The notice of motion is dismissed.
  • The plaintiff is to pay the defendant's costs of the notice of motion as agreed or assessed.