Northey v Bega Valley Shire Council

[2012] NSWCA 28

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Setting aside judgments and orders
3. › Order made irregularly
4. › Whether non-observance of minimum service period for notice of motion
5. › Calculation of time under UCPR r 1.11
6. › Service by post
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 1.11, 10.5, 18.4, 36.15(1)
8. › Interpretation Act 1987 (NSW), s 76(1)(b)
1. Practice and Procedure
2. › Setting aside judgments and orders
3. › Order made in absence of party
4. › Whether any factor making it unjust for order to stand
5. › Failure to arrange representation
6. › Delay in applying to set aside
7. › Mootness of substantive dispute
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(2)(b)
1. Practice and Procedure
2. › Setting aside judgments and orders
3. › Finality of litigation
4. › Great caution required before disturbing perfected orders
5. › Whether party's own inaction precludes relief

Quick Take

A party's mere assumption that lawyers who had previously acted pro bono on an ad hoc basis would attend a hearing does not constitute a failure by instructed lawyers to protect the party's interests, and does not establish the requisite injustice to set aside an order made in the party's absence under UCPR r 36.16(2)(b). An eight-month delay in applying to set aside a perfected order, and the mootness of the substantive dispute, are powerful discretionary factors against relief.