Stonestreet v Stonestreet [2015] NSWSC 477

As the orders of 12 August 2014 have been entered and the requirements of UCPR r 36.15 and r 36.16 are not made out, and s 73 of the Civil Procedure Act 2005 (NSW) does not confer such power, the Court cannot set aside the entered orders. The defendants' application is therefore dismissed.

Jurisdiction: Australia
Judgment Date: 24 April 2015
Procedural Posture: Equity / Notice of Motion – Application to Set Aside Earlier Orders
Outcome: Defendants' notice of motion dismissed with costs. Defendants ordered to pay plaintiff's costs of the notice of motion.
Legal Topics: ['judgments and Orders' 'setting Aside Orders' 'compromise of Proceedings']

['practice and Procedure'] ['judgments and Orders' 'setting Aside Orders' 'compromise of Proceedings']

Case Brief

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Procedural Posture

Equity / Notice of Motion – Application to Set Aside Earlier Orders

Legal Issues

1 ['Whether the order entered on 12 August 2014 can be set aside' "Whether order is 'beyond recall'" 'Applicability of UCPR r 36.15 or r 36.16' 'Whether s 73 of Civil Procedure Act 2005 (NSW) is available to set aside the order']

Ratio Decidendi

Court Disposition

Defendants' notice of motion dismissed with costs. Defendants ordered to pay plaintiff's costs of the notice of motion.

Orders

["Defendants' notice of motion of 3 February 2015 dismissed with costs." "Defendants pay the plaintiff's costs of the notice of motion of 4 March 2015."]