Mao v AMP Superannuation Limited (No. 2)

[2017] NSWCA 297

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside before entry
4. › Power under UCPR r 36.16
5. › Whether court proceeded on misapprehension of facts or law
6. › Importance of finality of litigation
7. › Whether jurisdiction should be exercised
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside before entry
4. › Whether failure to have all documents at commencement of hearing constituted misapprehension
5. › Whether refusal of leave to call oral evidence constituted miscarriage of justice

Quick Take

The power to set aside orders before entry under UCPR r 36.16 must be exercised cautiously having regard to the finality of litigation, and will not be exercised where the applicant has not demonstrated that the court proceeded on a misapprehension of facts or law not attributable to the applicant's own neglect or default.

Case Details

Citation[2017] NSWCA 297

CourtNSWCA

JurisdictionNew South Wales

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Relies on2

2017Mao v AMP Superannuation LimitedNSWCA 296
1993Autodesk Inc v Dyason (No 2)HCA 6

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