IA v TA (No 3) [2019] NSWCA 6

IA v TA (No 3) [2019] NSWCA 6

The Court has no jurisdiction to entertain the amended notice of motion as the appeal proceedings were determined to finality in 2016; there is no identified order or judgment on foot to which the motion could attach, and no other jurisdiction is advanced by the applicant. The motion is therefore incompetent.

Parties
Applicant: Mr IA; Respondent: TA
Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Appeal / Application to File Amended Notice of Motion; Post Final Determination
Outcome
Application to file amended notice of motion granted; motion dismissed as incompetent
Legal Topics
Jurisdiction of Court of Appeal, Competency of Notice of Motion, Finality of Determined Appeals
Practice and Procedure Jurisdiction of Court of Appeal Competency of Notice of Motion Finality of Determined Appeals

Case Brief

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Parties

Mr IA

Applicant

TA

Respondent

Procedural Posture

Appeal / Application to File Amended Notice of Motion; Post Final Determination

Legal Issues

  1. 1 Whether the amended notice of motion can be filed in proceedings already determined to finality
  2. 2 Whether the amended notice of motion is incompetent
  3. 3 Jurisdictional limits of the Court of Appeal post-final determination

Ratio Decidendi

The Court has no jurisdiction to entertain the amended notice of motion as the appeal proceedings were determined to finality in 2016; there is no identified order or judgment on foot to which the motion could attach, and no other jurisdiction is advanced by the applicant. The motion is therefore incompetent.

Court Disposition

Application to file amended notice of motion granted; motion dismissed as incompetent

Orders

  • Leave granted to file the amended notice of motion dated 23 January 2019.
  • The amended notice of motion dated 23 January 2019 is dismissed as incompetent.