Defined Properties Investment ATF the Define Property Trust No. 1 v National Commercial Finance Pty Limited (No 2) [2018] NSWSC 1258

Defined Properties Investment ATF the Define Property Trust No. 1 v National Commercial Finance Pty Limited (No 2) [2018] NSWSC 1258

It is inappropriate to grant leave to plead grievances or set aside a judgment in the context of proceedings which have been finalised; proper procedure is for plaintiffs to commence fresh proceedings. The motions are therefore dismissed, but without prejudice to plaintiffs commencing new actions.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Civil / Interlocutory Decision on Motions; Post Judgment Proceedings
Outcome
Motions dismissed; no order as to costs; right to commence fresh proceedings preserved.
Legal Topics
['application to Set Aside Judgment' 'relief Impugning Mortgage' 'dismissal for Want of Dispatch' 'delay and Explanation' 'finalised Orders' 'ventilation of Grievances']
['civil Procedure'] ['application to Set Aside Judgment' 'relief Impugning Mortgage' 'dismissal for Want of Dispatch' 'delay and Explanation' 'finalised Orders' 'ventilation of Grievances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Decision on Motions; Post Judgment Proceedings

Legal Issues

  1. 1 ['Whether judgment should be set aside' 'Whether amended notice of motion should be dismissed for want of dispatch' 'Appropriateness of granting leave to ventilate grievances in finalised proceedings']

Ratio Decidendi

It is inappropriate to grant leave to plead grievances or set aside a judgment in the context of proceedings which have been finalised; proper procedure is for plaintiffs to commence fresh proceedings. The motions are therefore dismissed, but without prejudice to plaintiffs commencing new actions.

Court Disposition

Motions dismissed; no order as to costs; right to commence fresh proceedings preserved.

Orders

  • ["The amended notice of motion of 17 May 2018 is dismissed without prejudice to the plaintiffs' right to commence such fresh proceedings ventilating the same subject matter as they may be advised to bring." "Dismiss the defendant's motion of 2 August 2018." 'No order as to costs, to the intent that the parties will...