Zepinic v Chateau Constructions (Aust) Ltd (No 3) [2014] NSWCA 366

Zepinic v Chateau Constructions (Aust) Ltd (No 3) [2014] NSWCA 366

The notice of motion was dismissed because UCPR r 36.16 no longer empowered the Court to set aside or vary the final judgments and orders, and the material supplied by Dr Zepinic did not come close to establishing sufficient cause under UCPR r 36.15(1) to question the Court's earlier decisions.

Jurisdiction
Australia
Judgment Date
28 October 2014
Procedural Posture
Interlocutory Application to Set Aside or Vary Final Judgments / Notice of Motion Filed 30 April 2014, Determined on the Papers
Outcome
Application dismissed.
Legal Topics
['application to Vary Final Judgment' 'setting Aside Judgments or Orders' 'sufficient Cause' 'uniform Civil Procedure Rules 2005 (nsw) Rr 36.15 and 36.16']
['civil Procedure'] ['application to Vary Final Judgment' 'setting Aside Judgments or Orders' 'sufficient Cause' 'uniform Civil Procedure Rules 2005 (nsw) Rr 36.15 and 36.16']

Case Brief

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Procedural Posture

Interlocutory Application to Set Aside or Vary Final Judgments / Notice of Motion Filed 30 April 2014, Determined on the Papers

Legal Issues

  1. 1 ['Whether the Court had power under UCPR r 36.16 to set aside or vary the judgments and orders entered on 18 February 2014 and 3 April 2014.' 'Whether Dr Zepinic showed sufficient cause under UCPR r 36.15(1) that the judgments or orders were made irregularly, illegally or against good faith.']

Ratio Decidendi

The notice of motion was dismissed because UCPR r 36.16 no longer empowered the Court to set aside or vary the final judgments and orders, and the material supplied by Dr Zepinic did not come close to establishing sufficient cause under UCPR r 36.15(1) to question the Court's earlier decisions.

Court Disposition

Application dismissed.

Orders

  • ['The notice of motion filed 30 April 2014 is dismissed.']