Lonsdale & Anor v Gilbert & (2) Ors (No. 2) [2007] NSWLEC 58

Lonsdale & Anor v Gilbert & (2) Ors (No. 2) [2007] NSWLEC 58

The reservation of liberty to apply does not extend to applications for substantive relief different from the final orders; procedural requirements for orders were satisfied; there were no adequate grounds or timely actions to set aside or vary the orders; the proper procedure for challenging the orders was by appeal, not by re-opening.

Jurisdiction
Australia
Judgment Date
01 February 2007
Procedural Posture
Notice of Motion / Post Judgment Application to Dismiss Contempt Motion and Vary Previous Final Orders
Outcome
Notice of motion dismissed with costs
Legal Topics
['notice of Motion to Re Open' 'variation of Final Orders' 'reservation of Liberty to Apply' 'appeal']
['practice and Procedure'] ['notice of Motion to Re Open' 'variation of Final Orders' 'reservation of Liberty to Apply' 'appeal']

Case Brief

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Procedural Posture

Notice of Motion / Post Judgment Application to Dismiss Contempt Motion and Vary Previous Final Orders

Legal Issues

  1. 1 ['Whether the reservation of liberty to apply permits variation of final orders' 'Whether procedural rules regarding final orders were complied with' 'Whether power exists to set aside or vary orders under claim of fraud' 'Whether circumstances warrant reopening or revisiting final orders']

Ratio Decidendi

The reservation of liberty to apply does not extend to applications for substantive relief different from the final orders; procedural requirements for orders were satisfied; there were no adequate grounds or timely actions to set aside or vary the orders; the proper procedure for challenging the orders was by appeal, not by re-opening.

Court Disposition

Notice of motion dismissed with costs

Orders

  • ["The first respondent's notice of motion is dismissed with costs"]