Khanna v Woolworths Group Limited (ABN: 88 000 0146 75) (No 3) [2021] NSWDC 671

Khanna v Woolworths Group Limited (ABN: 88 000 0146 75) (No 3) [2021] NSWDC 671

The Notice of Motion was dismissed because the orders had been entered, the plaintiff appeared at all relevant times, the liberty to apply granted on 20 October 2021 concerned only a different costs order, and the plaintiff identified no valid statutory, rule-based or other basis to reopen or reconsider the final...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Civil Negligence Claim for Personal Injuries Under the Civil Liability Act 2002 (nsw) / Notice of Motion by Unsuccessful Plaintiff to Re Open or Reconsider Judgment After Judgment Was Entered
Outcome
The plaintiff's Notice of Motion filed on 10 November 2021 was dismissed, with costs to the defendant.
Legal Topics
['application to Re Open Proceedings' 'reconsideration of Judgment' 'slip Rule' 'functus Officio' 'setting Aside or Varying Judgments and Orders' 'costs of Notice of Motion']
['practice and Procedure' 'negligence' 'personal Injury' 'civil Procedure' 'costs'] ['application to Re Open Proceedings' 'reconsideration of Judgment' 'slip Rule' 'functus Officio' 'setting Aside or Varying Judgments and Orders' 'costs of Notice of Motion']

Source-derived case record

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Procedural Posture

Civil Negligence Claim for Personal Injuries Under the Civil Liability Act 2002 (nsw) / Notice of Motion by Unsuccessful Plaintiff to Re Open or Reconsider Judgment After Judgment Was Entered

Legal Issues

  1. 1 ["Whether the plaintiff's application to reconsider the judgment on negligence, compensation and costs fell within the slip rule in Part 36.17 of the Uniform Civil Procedure Rules 2005 (NSW)." 'Whether there was any proper basis under Part 36.16 or Part 36.15 of the Uniform Civil Procedure Rules 2005 (NSW), or otherwise, to set aside, vary, reopen or reconsider the orders entered on 20 October 2021.' 'Whether the plaintiff established any irregular, illegal or bad faith conduct affecting the circumstances in which judgment was given.' 'Whether the defendant should have its costs of the Notice of Motion.']

Ratio Decidendi

The Notice of Motion was dismissed because the orders had been entered, the plaintiff appeared at all relevant times, the liberty to apply granted on 20 October 2021 concerned only a different costs order, and the plaintiff identified no valid statutory, rule-based or other basis to reopen or reconsider the final judgment. The plaintiff's complaints challenged substantive, deliberate findings on limitation, breach of duty, damages and related factual issues, not clerical mistakes or accidental slips, and no irregularity, illegality, bad faith or concealment affecting the judgment was established. Any challenge to those findings was properly a matter for appeal.

Court Disposition

The plaintiff's Notice of Motion filed on 10 November 2021 was dismissed, with costs to the defendant.

Orders

  • ['The Notice of Motion filed on 10 November 2021 is dismissed.' "The plaintiff is to pay the defendant's costs of the Notice of Motion filed on 10 November 2021 as agreed or assessed."]