Shirriff v Nominal Defendant

[1999] NSWCA 152

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Setting aside orders
3. › Order made 'against good faith'
4. › Rule 12A District Court Rules (NSW)
5. › Whether non-disclosure of facts unknown to party and legal representatives constitutes absence of good faith
6. › Whether order innocently obtained on incomplete information was made 'against good faith'
1. Motor Vehicles
2. › Nominal Defendant
3. › Leave to commence proceedings out of time
4. › Motor Accidents Act 1988 (NSW), s 52(4)
5. › Setting aside leave order
6. › Whether leave order properly set aside under Rule 12A

Quick Take

An order is not 'made against good faith' under Rule 12A of the District Court Rules merely because it was obtained on incomplete information, where the party and their legal representatives did not know and had no reason to know of the undisclosed facts. The phrase requires misconduct or dishonourable conduct by the party who procured the order. Fresh evidence or matters arising after an order that make it unjust for a party to retain the benefit of the order do not render the order one 'made against good faith'.