A single Judge of Appeal cannot set aside orders of the Court of Appeal under UCPR r 36.16, as such an order 'involves' the determination or decision of the proceedings within s 46(2)(b) of the Supreme Court Act 1970 (NSW). Proceedings dismissed by the Court of Appeal are 'finally determined' within s 69C(4) notwithstanding a pending application to reopen under r 36.16(3A), so the automatic stay of costs orders under s 69C(2)(b) ceases upon dismissal.
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