Martin v NSW (No 15)

[2012] NSWCA 47

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside judgments
4. › Application under UCPR r 36.15(1)
5. › Whether judgments given irregularly, illegally or against good faith
6. › Scope of power limited to irregularity in giving or entering judgment
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.15
1. Practice and Procedure
2. › Judgments and orders
3. › Interlocutory orders
4. › Inherent power to reconsider
5. › Whether change of circumstances or new legal argument required
6. › Whether power available for second attempt on same arguments
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(4)
1. Appeal
2. › Court of Appeal
3. › Constitution of Court
4. › Powers of two judges of appeal
5. › Whether Court constituted by two judges under s 46B(1)(b) may exercise powers of single judge
6. › Supreme Court Act 1970 (NSW), ss 46, 46A, 46B

Quick Take

The Court of Appeal constituted by two judges under s 46B(1)(b) of the Supreme Court Act 1970 (NSW) may exercise the powers of a single judge of appeal; the parenthetical words in s 46B(1)(b) are words of expansion, not exclusion. UCPR r 36.15(1) has limited application to judgments made after a full hearing on the merits. The inherent power to reconsider interlocutory orders requires a change of circumstances or new legal argument and is not available for a second attempt on the same arguments.