Wang v State of New South Wales (No 2) [2020] NSWCA 64

Wang v State of New South Wales (No 2) [2020] NSWCA 64

Ms Wang's notice of motion was dismissed because she advanced no arguable basis under r 36.15 or r 36.16 to set aside the judgment, and her application constituted an impermissible attempt to re-argue her previous application already determined against her.

Parties
Applicant: Li Wang; First Respondent: State of New South Wales; Second Respondent: Colin Hodgson
Jurisdiction
Australia
Judgment Date
20 April 2020
Procedural Posture
Appeal / Notice of Motion Following Refusal of Leave to Appeal
Outcome
Notice of motion dismissed with costs
Legal Topics
Setting Aside Judgments, Variation of Judgments, Leave to Appeal, Appeals
Civil Procedure Setting Aside Judgments Variation of Judgments Leave to Appeal Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Li Wang

Applicant

State of New South Wales

First Respondent

Colin Hodgson

Second Respondent

Procedural Posture

Appeal / Notice of Motion Following Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether judgment dismissing application for leave to appeal should be set aside under Uniform Civil Procedure Rules r 36.15 or r 36.16
  2. 2 Whether there was an irregularity, illegality or want of good faith in the procuring of the judgment
  3. 3 Whether Ms Wang raised any new arguable basis to set aside the judgment

Ratio Decidendi

Ms Wang's notice of motion was dismissed because she advanced no arguable basis under r 36.15 or r 36.16 to set aside the judgment, and her application constituted an impermissible attempt to re-argue her previous application already determined against her.

Court Disposition

Notice of motion dismissed with costs

Orders

  • Notice of motion filed on 3 March 2020 dismissed with costs