McGinn v Cranbrook School (No 2) [2015] NSWCA 419

McGinn v Cranbrook School (No 2) [2015] NSWCA 419

The requirements for setting aside the judgment under UCPR r 36.15(1) were not met because the appeal was incompetent on its face, supporting affidavits were not required as evidence was unnecessary for determining competency, and the process was consistent with statutory and rule-based procedure.

Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Notice of Motion to Set Aside Court Order / Determination of Notice of Motion
Outcome
Notice of motion dismissed with costs
Legal Topics
['setting Aside Orders' 'interlocutory Appeals' 'court Procedures']
['civil Procedure'] ['setting Aside Orders' 'interlocutory Appeals' 'court Procedures']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Court Order / Determination of Notice of Motion

Legal Issues

  1. 1 ['Whether the judgment entered on 30 November 2015 should be set aside for being entered irregularly, illegally or against good faith under UCPR r 36.15(1)']

Ratio Decidendi

The requirements for setting aside the judgment under UCPR r 36.15(1) were not met because the appeal was incompetent on its face, supporting affidavits were not required as evidence was unnecessary for determining competency, and the process was consistent with statutory and rule-based procedure.

Court Disposition

Notice of motion dismissed with costs

Orders

  • ['The notice of motion filed 4 December 2015 is dismissed with costs.']