Woolf v Brandt (No 4) [2024] NSWCA 47

Woolf v Brandt (No 4) [2024] NSWCA 47

The applicant's motion is dismissed as it does not present new material or establish a basis for re-opening or varying the Court's previous decisions; instead, it seeks to re-agitate matters already finally decided and constitutes an abuse of process.

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Motion to Set Aside or Vary Orders / Application to Re Open Court of Appeal Orders; Determination on the Papers
Outcome
Motion dismissed as vexatious and an abuse of process; no order as to costs.
Legal Topics
['setting Aside Judgments' 'abuse of Process' 'vexatious Litigation' 'principle of Finality']
['civil Procedure'] ['setting Aside Judgments' 'abuse of Process' 'vexatious Litigation' 'principle of Finality']

Case Brief

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Procedural Posture

Motion to Set Aside or Vary Orders / Application to Re Open Court of Appeal Orders; Determination on the Papers

Legal Issues

  1. 1 ['Whether the applicant has established a proper basis to re-open or vary previous orders of the Court of Appeal under UCPR r 36.16(3A) or inherent powers' 'Whether repeated applications amount to vexatious and abusive conduct']

Ratio Decidendi

The applicant's motion is dismissed as it does not present new material or establish a basis for re-opening or varying the Court's previous decisions; instead, it seeks to re-agitate matters already finally decided and constitutes an abuse of process.

Court Disposition

Motion dismissed as vexatious and an abuse of process; no order as to costs.

Orders

  • ["Dismiss the applicant's motion filed on 15 February 2024." 'Make no order as to costs of the motion.' 'Vacate the hearing before the Registrar on 11 March 2024.']