Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324

Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324

The applicant failed to establish any ground under UCPR to set aside or vary previous Court of Appeal decisions, and the repeated applications seeking the same relief amount to an abuse of process; further such applications should be summarily dismissed unless good cause is shown.

Jurisdiction
Australia
Judgment Date
18 October 2011
Procedural Posture
Notice of Motion / Application to Set Aside or Vary Previous Court of Appeal Orders; Potential Leave to Appeal From Land & Environment Court Decision
Outcome
Notice of motion of 9 December 2010 dismissed with costs; prospective procedural directions issued in event of further applications by applicant.
Legal Topics
['abuse of Process' 'judgment Setting Aside and Variation' 'vexatious Proceedings']
['civil Procedure'] ['abuse of Process' 'judgment Setting Aside and Variation' 'vexatious Proceedings']

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

Notice of Motion / Application to Set Aside or Vary Previous Court of Appeal Orders; Potential Leave to Appeal From Land & Environment Court Decision

Legal Issues

  1. 1 ['Whether previous Court of Appeal decisions can be reopened under UCPR Pt 36 r 36.16(3A)' 'Whether further applications by the applicant constitute an abuse of process']

Ratio Decidendi

The applicant failed to establish any ground under UCPR to set aside or vary previous Court of Appeal decisions, and the repeated applications seeking the same relief amount to an abuse of process; further such applications should be summarily dismissed unless good cause is shown.

Court Disposition

Notice of motion of 9 December 2010 dismissed with costs; prospective procedural directions issued in event of further applications by applicant.

Orders

  • ['Notice of motion of 9 December 2010 dismissed with costs.' "Registrar directed, should applicant file further motion for leave to appeal from Sheahan J's 31 July 2009 judgment, to vacate return date, notify parties, and refer papers to nominated Judge to determine in Chambers whether to fix new hearing or invite...