GORDON v BEROWRA HOLDINGS PTY LTD [NO 2] [2005] NSWCA 123
The omission of reference to the exact timing and mode of service and filing of the notice of motion did not affect the substance of the court's reasoning or conclusions in the primary judgment; the defendant's notice of motion was not filed before acceptance of the offer, and there was no material error. Application to set aside the orders is refused.
- Jurisdiction
- Australia
- Judgment Date
- 21 April 2005
- Procedural Posture
- Civil Appeal / Post Judgment Application (motion to Set Aside Orders)
- Outcome
- Application refused with costs.
- Legal Topics
- ['setting Aside Orders' 'offer of Compromise' 'workers Compensation Act 1987 S151 C']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Civil Appeal / Post Judgment Application (motion to Set Aside Orders)
Legal Issues
- 1 ['Whether omission of certain factual details regarding service and filing of notice of motion affected the earlier judgment' 'Whether judgment and orders should be set aside based on fresh submissions regarding the sequence of events and filing']
Ratio Decidendi
The omission of reference to the exact timing and mode of service and filing of the notice of motion did not affect the substance of the court's reasoning or conclusions in the primary judgment; the defendant's notice of motion was not filed before acceptance of the offer, and there was no material error. Application to set aside the orders is refused.
Court Disposition
Application refused with costs.
Orders
- ['Application to set aside judgment and orders of 28 February 2005 is refused.' "Applicant to pay the respondent's costs of the application."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment