IA v TA (No 2) [2016] NSWCA 349

IA v TA (No 2) [2016] NSWCA 349

The amended notice of motion was incompetent as the appeal had already been determined to finality; the Court of Appeal lacked jurisdiction to revive or entertain the matters raised in the motion, as those issues fell outside the scope of the concluded appeal and the requisite procedural requirements were not satisfied.

Jurisdiction
Australia
Judgment Date
13 December 2016
Procedural Posture
Appeal / Notice of Motion After Appeal Was Determined
Outcome
Amended notice of motion dismissed as incompetent.
Legal Topics
['notice of Motion' 'finality of Appeals' 'court Jurisdiction' 'procedural Competence of Motions']
['practice and Procedure'] ['notice of Motion' 'finality of Appeals' 'court Jurisdiction' 'procedural Competence of Motions']

Case Brief

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Procedural Posture

Appeal / Notice of Motion After Appeal Was Determined

Legal Issues

  1. 1 ['Whether the amended notice of motion filed by the applicant was competent after the appeal had been finally determined' 'Whether the Court of Appeal had jurisdiction to grant relief sought in the amended notice of motion']

Ratio Decidendi

The amended notice of motion was incompetent as the appeal had already been determined to finality; the Court of Appeal lacked jurisdiction to revive or entertain the matters raised in the motion, as those issues fell outside the scope of the concluded appeal and the requisite procedural requirements were not satisfied.

Court Disposition

Amended notice of motion dismissed as incompetent.

Orders

  • ['The amended notice of motion filed 31 October 2016 is dismissed as incompetent.']