Randall v City of Canada Bay Council

[2017] NSWCA 1

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside
4. › General power under UCPR r 36.15(1)
5. › Standing to apply
6. › Whether non-party to proceedings may invoke rule
7. › Whether rule confers open standing
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.15(1)
1. Practice and Procedure
2. › Appeal
3. › Further evidence on appeal
4. › Whether evidence unavailable at trial
5. › Claim that available evidence misplaced
6. › Supreme Court Act 1970 (NSW), s 75A(8)
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Whether leave required
5. › Appeal from interlocutory judgment
6. › Appeal out of time from final judgment
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Parties
3. › Standing
4. › Director and shareholder of deregistered company
5. › Whether standing to reopen judgment in proceedings brought by company
6. › No application to reinstate company

Quick Take

UCPR r 36.15(1) does not confer 'open standing' on non-parties to apply to set aside judgments; the rule is a limited exception to finality and does not permit third parties to reopen concluded litigation. A former director or shareholder of a deregistered company has no standing to challenge judgments made against the company without first seeking reinstatement of the company under s 601AH(2) of the Corporations Act 2001 (Cth).