Johnston v The Greens NSW (No 2) [2021] NSWCA 291

Johnston v The Greens NSW (No 2) [2021] NSWCA 291

The applicant established no basis for setting aside the entered orders. He identified no irregularity, illegality or conduct against good faith for r 36.15; no clerical mistake or accidental slip or omission for r 36.17; and, although the notice of motion was filed within 14 days, no material misapprehension of fact or law or other proper basis for reopening under r 36.16. The alleged errors were attempts to reargue the merits or were immaterial.

Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Notice of Motion to Set Aside Orders Under UCPR Rr 36.15, 36.16 and 36.17 / Court of Appeal Determination on the Papers Following Earlier Dismissal of Summons Seeking Leave to Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
['setting Aside Orders' 'variation of Judgments or Orders' 'slip Rule' 'reopening Entered Judgment' 'leave to Appeal']
['civil Procedure' 'judgments and Orders'] ['setting Aside Orders' 'variation of Judgments or Orders' 'slip Rule' 'reopening Entered Judgment' 'leave to Appeal']

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Procedural Posture

Notice of Motion to Set Aside Orders Under UCPR Rr 36.15, 36.16 and 36.17 / Court of Appeal Determination on the Papers Following Earlier Dismissal of Summons Seeking Leave to Appeal

Legal Issues

  1. 1 ['Whether the orders made on 24 December 2020 should be set aside under UCPR r 36.15 as made irregularly, illegally or against good faith.' 'Whether UCPR r 36.17 applied because of a clerical mistake or accidental slip or omission.' 'Whether UCPR r 36.16 permitted the Court to set aside or vary the entered orders because the notice of motion was filed within 14 days and there was a proper basis to reopen.' "Whether the Court's earlier reasons involved a material misapprehension of fact or law."]

Ratio Decidendi

The applicant established no basis for setting aside the entered orders. He identified no irregularity, illegality or conduct against good faith for r 36.15; no clerical mistake or accidental slip or omission for r 36.17; and, although the notice of motion was filed within 14 days, no material misapprehension of fact or law or other proper basis for reopening under r 36.16. The alleged errors were attempts to reargue the merits or were immaterial.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['Dismiss the notice of motion filed 7 January 2021.' "Applicant to pay fourth and fifth respondents' costs of that motion."]