RAJSKI v BAINTON [1991] NSWCA 232

RAJSKI v BAINTON [1991] NSWCA 232

The applicant failed to establish any case warranting the exercise of the Court's jurisdiction to review its own orders; the alleged failure to consider or misunderstanding of submissions was not substantiated and did not justify setting aside the judgment.

Parties
Applicant: Leszek John Rajski; Respondent: Russell John Bainton
Jurisdiction
Australia
Judgment Date
06 September 1991
Procedural Posture
Appeal / Application to Set Aside Orders Dismissing Appeal
Outcome
application dismissed
Legal Topics
Application to Set Aside Judgment, Court's Power to Review Own Orders, Appeal, Abuse of Process, Conspiracy
Practice and Procedure Civil Procedure Application to Set Aside Judgment Court's Power to Review Own Orders Appeal Abuse of Process Conspiracy

Case Brief

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Parties

Leszek John Rajski

Applicant

Russell John Bainton

Respondent

Procedural Posture

Appeal / Application to Set Aside Orders Dismissing Appeal

Legal Issues

  1. 1 Whether the Court failed to consider or misunderstood arguments put by the applicant during the appeal
  2. 2 Whether the Court should set aside its own order dismissing the appeal under Pt 40 r 9(1) and inherent jurisdiction

Ratio Decidendi

The applicant failed to establish any case warranting the exercise of the Court's jurisdiction to review its own orders; the alleged failure to consider or misunderstanding of submissions was not substantiated and did not justify setting aside the judgment.

Court Disposition

application dismissed

Orders

  • Motion dismissed with costs.