Woolf v Brandt (No 3) [2024] NSWCA 6

Woolf v Brandt (No 3) [2024] NSWCA 6

The applicant failed to demonstrate any basis under UCPR r 36.16(3A) or the inherent power of the Court to set aside or vary the orders made on 30 November 2023, as his submissions mostly sought to re-agitate grounds already considered, and no relevant misapprehension of fact or law was established.

Parties
Applicant: Richard Woolf; Respondent: Nicholas Brandt
Jurisdiction
Australia
Judgment Date
01 February 2024
Procedural Posture
Motion to Set Aside or Vary Orders / Determination of a Motion Under UCPR R 36.16(3 A)
Outcome
Motion dismissed
Legal Topics
Setting Aside Orders, Variation of Judgments, Abuse of Process, Leave to Appeal, Defamation
Civil Procedure Setting Aside Orders Variation of Judgments Abuse of Process Leave to Appeal Defamation

Case Brief

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Parties

Richard Woolf

Applicant

Nicholas Brandt

Respondent

Procedural Posture

Motion to Set Aside or Vary Orders / Determination of a Motion Under UCPR R 36.16(3 A)

Legal Issues

  1. 1 Whether there is a basis to set aside or vary orders pursuant to UCPR r 36.16(3A) or the Court's inherent power
  2. 2 Whether the applicant's submissions warrant re-opening the decision refusing leave to appeal summarily dismissing a defamation claim as an abuse of process

Ratio Decidendi

The applicant failed to demonstrate any basis under UCPR r 36.16(3A) or the inherent power of the Court to set aside or vary the orders made on 30 November 2023, as his submissions mostly sought to re-agitate grounds already considered, and no relevant misapprehension of fact or law was established.

Court Disposition

Motion dismissed

Orders

  • The applicant's motion filed on 14 December 2023 seeking that the Court set aside or vary its orders made on 30 November 2023 is dismissed.
  • No order as to costs.