Koidu von Reisner v Chepurin
Case
•
[2013] NSWSC 874
•28 June 2013
Details
AGLC
Case
Decision Date
Koidu von Reisner v Chepurin [2013] NSWSC 874
[2013] NSWSC 874
28 June 2013
CaseChat Overview and Summary
The parties to the case were Koidu von Reisner and Chepurin. The dispute involved an application by the plaintiff to correct certain matters in a published judgment, as per the rules under r 36.17 of the Uniform Civil Procedure Rules. The application was heard by the court. The legal issues that the court was required to decide involved whether the application should be referred back to the trial judge for consideration or if it was more appropriate for the matter to be dealt with on appeal. The plaintiff sought to amend the published judgment to correct certain errors that had occurred during the trial, but some of these amendments were deemed controversial. Additionally, the plaintiff had filed a notice of intention to appeal, which raised the question of whether some of the matters raised in the application were more appropriately dealt with on appeal.
The court found that the application should not be referred back to the trial judge, as the matters raised in the application were more appropriately dealt with on appeal. The court also noted that some of the amendments sought by the plaintiff were controversial and would require further consideration, which was more suitable for an appellate court. The court dismissed the motion for costs, as the plaintiff had argued that she was entitled to ensure that her personal details were correctly published on the internet. The court found that the matter of costs should not follow the event and that the plaintiff's entitlement to correct her personal details was not sufficient grounds for an award of costs.
The court's reasoning was based on the fact that the application sought to amend a published judgment, which was a matter that was more appropriately dealt with on appeal. The court also noted that some of the amendments sought by the plaintiff were controversial and would require further consideration, which was more suitable for an appellate court. The court's decision to dismiss the motion for costs was based on the fact that the plaintiff's entitlement to correct her personal details was not sufficient grounds for an award of costs. The court found that the matter of costs should not follow the event and that the plaintiff had not demonstrated any entitlement to costs.
The court found that the application should not be referred back to the trial judge, as the matters raised in the application were more appropriately dealt with on appeal. The court also noted that some of the amendments sought by the plaintiff were controversial and would require further consideration, which was more suitable for an appellate court. The court dismissed the motion for costs, as the plaintiff had argued that she was entitled to ensure that her personal details were correctly published on the internet. The court found that the matter of costs should not follow the event and that the plaintiff's entitlement to correct her personal details was not sufficient grounds for an award of costs.
The court's reasoning was based on the fact that the application sought to amend a published judgment, which was a matter that was more appropriately dealt with on appeal. The court also noted that some of the amendments sought by the plaintiff were controversial and would require further consideration, which was more suitable for an appellate court. The court's decision to dismiss the motion for costs was based on the fact that the plaintiff's entitlement to correct her personal details was not sufficient grounds for an award of costs. The court found that the matter of costs should not follow the event and that the plaintiff had not demonstrated any entitlement to costs.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Standing
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Costs
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Most Recent Citation
Commonwealth of Australia v Davis Samuel Pty Limited (No 9) [2015] ACTSC 127
Cases Citing This Decision
4
Phillip Nolan v The Owners - Strata Plan No 5803
[2014] NSWCATCD 47
Commonwealth of Australia v Davis Samuel Pty Limited (No 9)
[2015] ACTSC 127
Phillip Nolan v The Owners - Strata Plan No 5803
[2014] NSWCATCD 47
Cases Cited
3
Statutory Material Cited
2
Von Reisner v Chepurin
[2013] NSWSC 150
Newmont Yandal Operations Pty Ltd v The J Aron Corporation and The Goldman Sachs Group Inc
[2007] NSWCA 195
Sidorov and Sidorov (No. 2)
[2008] FamCA 1102