Deputy Commissioner of Taxation v Meredith (No 2)

(2008) 75 NSWLR 462; [2008] NSWCA 133

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Entry of judgment
4. › Computerised court record system
5. › When orders taken to be entered
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.11
1. Practice and Procedure
2. › Judgments and orders
3. › Variation of orders after entry
4. › Power to set aside or vary
5. › 14-day time limit
6. › Whether time may be extended
7. › Whether inherent power exists to vary entered orders
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Practice and Procedure
2. › Costs
3. › Variation of costs order on appeal
4. › Whether costs order may be varied where successful party relied on point not argued below

Quick Take

In NSW courts using a computerised court record system, orders are taken to be entered on the day judgment is delivered under UCPR r 36.11(2)(a). Any application to set aside or vary those orders must be filed within 14 days under r 36.16(3A), and this time limit cannot be extended under r 36.16(3C). There is no inherent power to vary entered orders outside this statutory framework.