Brown v The Stables Perisher Management Pty Ltd (No 4) [2024] NSWSC 1153

Brown v The Stables Perisher Management Pty Ltd (No 4) [2024] NSWSC 1153

The Court refused to exercise its discretion to amend the order as sought by the Defendant because the application was unsupported by formal motion or submissions, no basis was advanced for reconsideration, the issues had already been determined with the parties given ample opportunity to be heard, and the principle of finality of litigation prevailed.

Parties
First Plaintiff: Karen Brown; Second Plaintiff: Jake Brown; Third Plaintiff: Sam Brown; Defendant: The Stables Perisher Management Pty Ltd
Jurisdiction
Australia
Judgment Date
16 September 2024
Procedural Posture
Application to Vary Orders / Post Judgment Consequential Orders
Outcome
Application dismissed with costs
Legal Topics
Variation of Judgment, Finality of Litigation
Equity Real Property Variation of Judgment Finality of Litigation

Case Brief

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Parties

Karen Brown

First Plaintiff

Jake Brown

Second Plaintiff

Sam Brown

Third Plaintiff

The Stables Perisher Management Pty Ltd

Defendant

Procedural Posture

Application to Vary Orders / Post Judgment Consequential Orders

Legal Issues

  1. 1 Whether the Court should amend the amount stated in order 1 of 14 June 2024 to $7,725.00 on its own motion without formal application

Ratio Decidendi

The Court refused to exercise its discretion to amend the order as sought by the Defendant because the application was unsupported by formal motion or submissions, no basis was advanced for reconsideration, the issues had already been determined with the parties given ample opportunity to be heard, and the principle of finality of litigation prevailed.

Court Disposition

Application dismissed with costs

Orders

  • The Defendant's application to vary the orders of 14 June 2024 is dismissed with costs.