Mohareb v Palmer (No 2) [2018] NSWSC 400

Mohareb v Palmer (No 2) [2018] NSWSC 400

The notice of motion was dismissed because the orders made by Adamson J determined a claim for relief and dismissed proceedings, and UCPR r 36.16(3) excludes setting aside such orders. The Federal Court's finding regarding the bankruptcy notice did not provide a legal basis to set aside the Supreme Court's decision.

Parties
Plaintiff: Nader Mohareb; Defendant: Matthew Palmer
Jurisdiction
Australia
Judgment Date
03 April 2018
Procedural Posture
Notice of Motion / Application to Set Aside Judgment
Outcome
Application dismissed
Legal Topics
Application to Set Aside Judgment, Costs
Civil Procedure Application to Set Aside Judgment Costs

Case Brief

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Parties

Nader Mohareb

Plaintiff

Matthew Palmer

Defendant

Procedural Posture

Notice of Motion / Application to Set Aside Judgment

Legal Issues

  1. 1 Whether orders by Adamson J dated 1 November 2017 should be set aside under UCPR r 36.16
  2. 2 Whether Federal Court judgment invalidating bankruptcy notice constitutes a material change in circumstances justifying reopening of previous orders

Ratio Decidendi

The notice of motion was dismissed because the orders made by Adamson J determined a claim for relief and dismissed proceedings, and UCPR r 36.16(3) excludes setting aside such orders. The Federal Court's finding regarding the bankruptcy notice did not provide a legal basis to set aside the Supreme Court's decision.

Court Disposition

Application dismissed

Orders

  • The Notice of Motion filed by the Plaintiff on 15 November 2017 is dismissed.
  • The Plaintiff is to pay the costs of the Defendant associated with the Notice of Motion.