WENTWORTH v ROGERS [2000] NSWCA 259

WENTWORTH v ROGERS [2000] NSWCA 259

The claimants' submissions largely re-agitated arguments that had already failed in this Court or repeated arguments previously rejected, and established no matter calling for review. In those circumstances, after written submissions had been considered, the Court was not bound to afford a further oral hearing and the notice of motion was summarily dismissed.

Jurisdiction
Australia
Judgment Date
14 September 2000
Procedural Posture
Notice of Motion Seeking to Set Aside Court of Appeal Judgment and Orders and Stays of Orders / Written Submissions Considered; Notice of Motion Summarily Dismissed
Outcome
Notice of motion of 17 November 1999 summarily dismissed.
Legal Topics
['review or Setting Aside of Court of Appeal Orders' 'finality of Litigation' 'leave to Appeal' 'indemnity Costs' 'summary Dismissal']
['civil Procedure' 'appellate Procedure' 'costs'] ['review or Setting Aside of Court of Appeal Orders' 'finality of Litigation' 'leave to Appeal' 'indemnity Costs' 'summary Dismissal']

Case Brief

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Procedural Posture

Notice of Motion Seeking to Set Aside Court of Appeal Judgment and Orders and Stays of Orders / Written Submissions Considered; Notice of Motion Summarily Dismissed

Legal Issues

  1. 1 ['Whether the Court should review and set aside its judgment and orders of 29 October 1999.' "Whether the claimants' written submissions established a matter calling for review." 'Whether the Court was required to afford a further oral hearing on the notice of motion.']

Ratio Decidendi

The claimants' submissions largely re-agitated arguments that had already failed in this Court or repeated arguments previously rejected, and established no matter calling for review. In those circumstances, after written submissions had been considered, the Court was not bound to afford a further oral hearing and the notice of motion was summarily dismissed.

Court Disposition

Notice of motion of 17 November 1999 summarily dismissed.

Orders

  • ['The notice of motion of 17 November 1999 is summarily dismissed.']