Mohareb v Palmer

[2018] NSWCA 220

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Supreme Court to Court of Appeal
4. › Order dismissing proceedings for want of jurisdiction
5. › Whether error in identifying source of power material where outcome would not change
6. › No issue of principle
1. Practice and Procedure
2. › Setting aside judgments and orders
3. › UCPR r 36.16
4. › Notice of motion filed within 14 days of judgment
5. › Whether r 36.16(3A) in conjunction with r 36.16(1) conferred power to set aside orders determining a claim for relief
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16

Quick Take

UCPR r 36.16(3A) in conjunction with r 36.16(1) permits the court to set aside or vary a judgment or order — including one that determines a claim for relief or dismisses proceedings — provided the notice of motion is filed within 14 days after entry, notwithstanding the limitation in r 36.16(3).

Case Details

Citation[2018] NSWCA 220

CourtNSWCA

JurisdictionNew South Wales

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Cited by5

2026Adamson v ChalikNSWSC 415
2022Miles v SlackNSWSC 926
2020Mohareb v Palmer (No 2)NSWCA 324
2019Palmer v MoharebNSWSC 975
and 1 more after sign-in

Relies on2

2017Mohareb v PalmerNSWSC 1491
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