Teoh v Hunters Hill Council (No 7) [2012] NSWCA 356

Teoh v Hunters Hill Council (No 7) [2012] NSWCA 356

The notice of motion was dismissed because the Court was functus officio: orders had been made, the applicant's appeal had been finalised, and her applications were finished. There was also no basis for Allsop P and Beazley JA to disqualify themselves.

Jurisdiction
Australia
Judgment Date
02 November 2012
Procedural Posture
Notice of Motion to Reopen Previous Applications and Set Aside Judgment / Court of Appeal Determination on the Papers
Outcome
Notice of motion dismissed.
Legal Topics
['application to Vary or Set Aside Judgment' 'functus Officio' 'vexatious Proceedings' 'abuse of Process' 'judicial Disqualification']
['practice and Procedure' 'civil Procedure' 'appellate Procedure'] ['application to Vary or Set Aside Judgment' 'functus Officio' 'vexatious Proceedings' 'abuse of Process' 'judicial Disqualification']

Case Brief

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Procedural Posture

Notice of Motion to Reopen Previous Applications and Set Aside Judgment / Court of Appeal Determination on the Papers

Legal Issues

  1. 1 ['Whether the Court could reopen previous applications and set aside the underlying Land and Environment Court judgment after final orders had been made.' 'Whether Allsop P and Beazley JA should disqualify themselves from the application.' 'Whether further applications by the applicant against Hunters Hill Council in respect of the same matters should be subject to a show cause requirement.']

Ratio Decidendi

The notice of motion was dismissed because the Court was functus officio: orders had been made, the applicant's appeal had been finalised, and her applications were finished. There was also no basis for Allsop P and Beazley JA to disqualify themselves.

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion filed 12 October 2012 be dismissed.' 'Should the applicant seek to file any further application against Hunters Hill Council in respect of the matters litigated in the Land and Environment Court or the Court of Appeal the applicant must at the same time file a document of no more than five...