Odlum v Friend (No 2) [2024] NSWCA 252

Odlum v Friend (No 2) [2024] NSWCA 252

No proper basis was made out to engage the Court's power to reopen or vary its decision under UCPR r 36.16; even assuming jurisdiction, the application must be dismissed for want of adequate grounds.

Parties
Applicant: Judith Odlum; First Respondent: Stephen Friend t/as Friend and Co Lawyers; Second Respondent: Andrew Paterson
Jurisdiction
Australia
Judgment Date
25 October 2024
Procedural Posture
Application to Reopen Judgment / Notice of Motion Filed After Appeal Dismissed
Outcome
Notice of motion dismissed with costs.
Legal Topics
Reopening Judgments, Application Under Uniform Civil Procedure Rules 2005 (nsw) R 36.16, Power to Set Aside or Vary Judgment
Civil Procedure Reopening Judgments Application Under Uniform Civil Procedure Rules 2005 (nsw) R 36.16 Power to Set Aside or Vary Judgment

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Parties

Judith Odlum

Applicant

Stephen Friend t/as Friend and Co Lawyers

First Respondent

Andrew Paterson

Second Respondent

Procedural Posture

Application to Reopen Judgment / Notice of Motion Filed After Appeal Dismissed

Legal Issues

  1. 1 Whether the Court has power to reopen or set aside its previous final orders under UCPR r 36.15 and r 36.16
  2. 2 Whether proper grounds were established to reopen or vary the prior judgment

Ratio Decidendi

No proper basis was made out to engage the Court's power to reopen or vary its decision under UCPR r 36.16; even assuming jurisdiction, the application must be dismissed for want of adequate grounds.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion filed 5 September 2024 dismissed.
  • Applicant (Judith Odlum) to pay respondents' costs of the motion.