Tag: finality
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Variation of orders
PRODEDURE – application for variation of orders made on appeal – where appeal court awarded damages contingently assessed by trial judge – back-dating of judgment – pre-judgment interest – indemnity costs – Uniform Civil Procedure Rules 2005 (NSW) r 36.16(3A) and (3C) – where notice of motion out of time – delay caused by oversight in…
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Jubb v Insurance Australia Ltd: finality
Jubb v Insurance Australia Ltd [2016] NSWCA 153 Appellant’s reliance on common law analogies is misplaced … best balanced and resolved by the proper officer exercising a discretion rather than construing the word “additional” as though it incorporates the common law’s understanding of “fresh evidence” in civil appeals which has been developed as a limited…