Choi v Secretary, Department of Communities and Justice (No 2) [2022] NSWCA 264

Choi v Secretary, Department of Communities and Justice (No 2) [2022] NSWCA 264

The applicant's allegations and complaints concerning irregularity, illegality, or bad faith do not amount to legal irregularity or non-compliance with procedural rules; no proper ground exists under r 36.15(1) of the UCPR for setting aside, varying, or amending the earlier orders; therefore, the notice of motion should be dismissed with costs.

Parties
Applicant: Jae Hee Choi; First Respondent: Department of Communities and Justice t/as State Government Entity; Second Respondent: Victims Services; Third Respondent: The Attorney-General of New South Wales; Fourth Respondent: Secretary, Department of Communities and Justice
Jurisdiction
Australia
Judgment Date
14 December 2022
Procedural Posture
Notice of Motion / Procedural Ruling on Amendment, Variation, and Setting Aside of Orders
Outcome
Notice of motion dismissed with costs
Legal Topics
Amendment and Setting Aside of Judgments/orders, Irregularity, Illegality, Or Bad Faith in Orders
Civil Procedure Amendment and Setting Aside of Judgments/orders Irregularity, Illegality, or Bad Faith in Orders

Case Brief

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Parties

Jae Hee Choi

Applicant

Department of Communities and Justice t/as State Government Entity

First Respondent

Victims Services

Second Respondent

The Attorney-General of New South Wales

Third Respondent

Secretary, Department of Communities and Justice

Fourth Respondent

Procedural Posture

Notice of Motion / Procedural Ruling on Amendment, Variation, and Setting Aside of Orders

Legal Issues

  1. 1 Whether the orders of 1 September 2022 should be set aside for irregularity, illegality, or bad faith under r 36.15(1) of the UCPR
  2. 2 Whether alleged procedural errors or irregularities justify revocation or amendment of Court orders

Ratio Decidendi

The applicant's allegations and complaints concerning irregularity, illegality, or bad faith do not amount to legal irregularity or non-compliance with procedural rules; no proper ground exists under r 36.15(1) of the UCPR for setting aside, varying, or amending the earlier orders; therefore, the notice of motion should be dismissed with costs.

Court Disposition

Notice of motion dismissed with costs

Orders

  • Dismiss with costs the applicant's notice of motion filed 13 October 2022, as sought to be amended by the amended notice of motion dated 28 November 2022 forwarded by the applicant with the applicant's submissions dated 5 December 2022.