Mao v AMP Superannuation Limited (No. 2) [2017] NSWCA 297

Mao v AMP Superannuation Limited (No. 2) [2017] NSWCA 297

No grounds established for setting aside or preventing entry of orders; court considered all materials and arguments, found no miscarriage of justice, and exercised its discretion in favour of finality of litigation under UCPR r 36.16.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Application / Post Judgment Motion Seeking to Prevent Entry of Orders and Declaration of Miscarriage of Justice
Outcome
Application refused; orders to be entered.
Legal Topics
['setting Aside Own Orders' 'judicial Finality' 'miscarriage of Justice' 'entry of Orders']
['civil Procedure'] ['setting Aside Own Orders' 'judicial Finality' 'miscarriage of Justice' 'entry of Orders']

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Procedural Posture

Application / Post Judgment Motion Seeking to Prevent Entry of Orders and Declaration of Miscarriage of Justice

Legal Issues

  1. 1 ['Whether the court should direct its orders not be entered under UCPR r 36.16' 'Whether there was a miscarriage of justice in the earlier hearing']

Ratio Decidendi

No grounds established for setting aside or preventing entry of orders; court considered all materials and arguments, found no miscarriage of justice, and exercised its discretion in favour of finality of litigation under UCPR r 36.16.

Court Disposition

Application refused; orders to be entered.

Orders

  • ['Refuse application to direct that orders not be entered.' 'Refuse application to declare miscarriage of justice.' 'Orders made earlier to be entered.']