Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 1663

Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 1663

The notice of motion was dismissed because the plaintiffs identified no proper basis under UCPR rr 36.15, 36.16 or 36.17 to set aside or vary Adamson J's judgment. The judgment was not a default judgment, was not made in the plaintiffs' absence, did not concern possession of land, and was not shown to be irregular,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 December 2022
Procedural Posture
Civil Proceedings – Notice of Motion / Notice of Motion to Set Aside and Vary Judgment After Dismissal of Appeal From the Local Court
Outcome
Notice of motion dismissed; plaintiffs ordered to pay the defendant's costs of the motion on the ordinary basis.
Legal Topics
['setting Aside or Varying Judgments or Orders' 'principle of Finality' 'functus Officio' 'indemnity Costs' 'self Represented Litigants']
['civil Procedure' 'costs' 'appellate Procedure'] ['setting Aside or Varying Judgments or Orders' 'principle of Finality' 'functus Officio' 'indemnity Costs' 'self Represented Litigants']

Source-derived case record

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Procedural Posture

Civil Proceedings – Notice of Motion / Notice of Motion to Set Aside and Vary Judgment After Dismissal of Appeal From the Local Court

Legal Issues

  1. 1 ['Whether the judgment of Adamson J should be set aside or varied under the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the plaintiffs identified any irregularity, illegality, lack of good faith, accidental slip, or other basis for variation of the judgment or orders.' 'Whether the notice of motion impermissibly sought to re-agitate arguments already determined by earlier judgments and to reopen proceedings contrary to the principle of finality.' 'Whether the defendant should receive costs of the motion on an indemnity basis or on the ordinary basis.']

Ratio Decidendi

The notice of motion was dismissed because the plaintiffs identified no proper basis under UCPR rr 36.15, 36.16 or 36.17 to set aside or vary Adamson J's judgment. The judgment was not a default judgment, was not made in the plaintiffs' absence, did not concern possession of land, and was not shown to be irregular, illegal, against good faith, or affected by an accidental slip. The motion sought to re-agitate arguments already determined and to reopen proceedings contrary to the principle of finality. In any event, UCPR r 36.16(3) prevented variation that would change the dismissal of the proceedings. Costs followed the event, but indemnity costs were not ordered because the defendant's...

Court Disposition

Notice of motion dismissed; plaintiffs ordered to pay the defendant's costs of the motion on the ordinary basis.

Orders

  • ['The notice of motion is dismissed.' "The plaintiffs are to pay the defendant's costs of the motion on the ordinary basis."]