C&V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd (No 2)

C&V Engineering Services Pty Ltd (C&V) sought to vary or set aside orders previously made by the Court, while Metropolitan Demolitions Pty Ltd (Metropolitan) also sought to vary or set aside those same orders. The dispute concerned the application of rule 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW), which requires a party seeking to vary or set aside an order to give notice of the application to the court and other parties within 14 days of the order. Metropolitan had provided notice of its application via email within the stipulated timeframe.

The Court was required to determine whether to dispense with the requirement for Metropolitan to file a formal notice of motion, as provided for by section 14 of the Civil Procedure Act 2005 (NSW). Additionally, the Court had to consider the applications by both parties to vary or set aside the previous orders, and the appropriate costs orders for these applications.

The Court reasoned that while Metropolitan had provided notice of its application within the 14-day period, this notice was not in the form of a formal notice of motion. However, given the circumstances and the fact that the notice was provided within the time limit, the Court exercised its discretion under section 14 of the Civil Procedure Act 2005 (NSW) to dispense with the requirement for Metropolitan to file a formal notice of motion. The Court then considered the substantive applications to vary or set aside the previous orders. It found no basis to vary the Court's prior orders, nor to grant the relief sought by C&V. Consequently, both applications were dismissed.

The Court ordered that the requirement for Metropolitan Demolitions Pty Ltd to give notice of its motion be dispensed with. Both the application of C&V Engineering Services Pty Ltd and the application of Metropolitan Demolitions Pty Ltd were dismissed. No order was made as to the costs of either motion.