Monhem v Shields

[2015] NSWCA 24

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Land and Environment Court
4. › Appeal limited to errors of law
5. › Whether arguable error of approach
6. › Whether case presented before primary judge justified reopening
7. › Land and Environment Court Act 1979 (NSW), ss 56A, 57
1. Practice and Procedure
2. › Reopening final orders
3. › Party served with originating process failed to attend hearing
4. › Application to set aside judgment under UCPR r 36.16
5. › Whether satisfactory explanation for non-attendance
6. › Whether material supported different outcome
7. › Orders partly effected
8. › Prejudice to other party
9. › Uniform Civil Procedure Rules 2005, r 36.16

Quick Take

The power to reopen orders made in the absence of a party is broadly expressed and not limited to 'limited, special, or wholly exceptional' circumstances, but good grounds must still be established. A party seeking to reopen must provide a satisfactory explanation for non-attendance and demonstrate material supporting a different outcome. Partial execution of orders and prejudice to the other party are relevant considerations.