Wong v Van Vlymen & Ors [2020] NSWSC 1170

Wong v Van Vlymen & Ors [2020] NSWSC 1170

The defendants' application to recall/amend reasons was not justified, as relevant arguments and facts were addressed in the original reasons; there was no omission or factual misapprehension warranting further exercise of jurisdiction under UCPR 36.16(1).

Jurisdiction
Australia
Judgment Date
31 August 2020
Procedural Posture
Equity Expedition List / Post Judgment Motion to Recall and Amend Reasons
Outcome
Notice of motion dismissed; costs ordered against the defendants on the ordinary basis (not indemnity).
Legal Topics
['amending, Varying and Setting Aside Judgments' 'adequacy of Reasons' 'interest Awards' 'jurisdiction Under Uniform Civil Procedure Rules']
['civil Procedure'] ['amending, Varying and Setting Aside Judgments' 'adequacy of Reasons' 'interest Awards' 'jurisdiction Under Uniform Civil Procedure Rules']

Case Brief

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Procedural Posture

Equity Expedition List / Post Judgment Motion to Recall and Amend Reasons

Legal Issues

  1. 1 ['Whether the court can recall and amend reasons for judgment under UCPR 36.16(1) or 36.16(3A)' 'Adequacy of reasons as concerns interest awards' 'Whether factual misapprehension regarding possession and control of the companies occurred']

Ratio Decidendi

The defendants' application to recall/amend reasons was not justified, as relevant arguments and facts were addressed in the original reasons; there was no omission or factual misapprehension warranting further exercise of jurisdiction under UCPR 36.16(1).

Court Disposition

Notice of motion dismissed; costs ordered against the defendants on the ordinary basis (not indemnity).

Orders

  • ["The defendants' notice of motion seeking recall and amendment of reasons is dismissed." 'The defendants are to pay the costs of the application on the ordinary basis; if sought, costs would be determined on a lump sum basis and ordered payable forthwith.' 'The parties are invited to bring in short minutes...