Block 27 Pty Ltd v Qursa Pty Ltd (No 2)

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Block 27 Pty Ltd v Qursa Pty Ltd (No 2)

Citation: 

[2024] ACTCA 25

Hearing Date: 

19 July 2024

Decision Date: 

26 August 2024

Before:

Mossop ACJ

Decision: 

1.   The application in proceeding dated 19 June 2024 is dismissed with costs.

Catchwords: 

PRACTICE AND PROCEDURE – JUDGMENTS AND ORDERS – Application to set aside orders of the Court of Appeal – question of practice and procedure able to be determined by single judge – where orders were drawn up, settled and signed by Registrar on own initiative – whether orders were “filed in the court” for the purposes of r 1613 of the Court Procedures Rules 2006 (ACT) –consideration of process for filing of orders under r 1606 – orders were “filed in the court” – application dismissed

Legislation Cited: 

Court Procedures Rules 2006 (ACT), rr 1601, 1605, 1605A, 1606, 1613, 5001, Pt 2.16

Legislation Act 2001 (ACT), ss 146, 147(3)

Rules of the Supreme Court, 1883 (UK), O 41 r 1

Supreme Court Act 1933 (ACT), s 37J

Supreme Court Rules 1937 (ACT), O 38 r 24, O 42

Uniform Civil Procedure Rules 1999 (Qld) r 661

Cases Cited: 

Block 27 Pty Ltd v Qursa Pty Ltd [2024] ACTCA 16

Director of Public Prosecutions (ACT) v AI, AD and JR [2012] ACTCA 23

Deputy Commissioner of Taxation v Meredith (No 2) [2008] NSWCA 133; 75 NSWLR 462

In re Commercial Union Assurance Company (1899) 18 NZLR 585

Wiltshire v Amos [2016] QCA 280

Parties: 

Block 27 Pty Ltd ( Appellant)

Qursa Pty Ltd (First Respondent)

Takeshi Pty Ltd (Second Respondent)

Registrar-General of the Australian Capital Territory (Third Respondent)

Representation: 

Counsel

M Pesman SC ( Appellant)

R Arthur (First Respondent)

M Walsh SC (Second Respondent)

Solicitors

Moulis Legal ( Appellant)

Capital Lawyers (First Respondent)

RMB Lawyers (Second Respondent)

File Number:

ACTCA 24 of 2023

Decision Under Appeal:

Court/Tribunal:         ACT Supreme Court

Before:  Curtin AJ

Date of Decision:      7 June 2023

Case Title:                Block 27 Pty Ltd v Qursa Pty Ltd

Citation: [2023] ACTSC 139

MOSSOP J:  

Introduction

1․Judgment in the appeal in this matter was delivered on 31 May 2024: Block 27 Pty Ltd v Qursa Pty Ltd [2024] ACTCA 16. The court was comprised by Baker J, McWilliam J and myself. By application in proceeding dated 19 June 2024, the appellant seeks to set aside that judgment pursuant to r 1613 of the Court Procedures Rules 2006 (ACT) (CPR), on the basis that the appellant was denied procedural fairness.

2․At a directions hearing before the Chief Justice on 5 July 2024, it emerged that the orders made by the Court of Appeal had been drawn up in the court registry, signed by the Registrar, and recorded as having been entered on 31 May 2024. In light of that fact, there was a more significant issue as to whether or not the Court had the power to reopen the matter and set aside its own decision.