Huang v Wong (No 2)

[2019] NSWCA 18

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside
4. › General power to set aside judgment or order
5. › Whether judgment given or entered irregularly, illegally or against good faith
6. › No irregularity, illegality or want of good faith demonstrated
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.15(1)
1. Practice and Procedure
2. › Discontinuance of proceedings
3. › Effect of discontinuance of appeal
4. › Whether setting aside prior interlocutory orders would have utility after discontinuance
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.56, 42.19
1. Practice and Procedure
2. › Access to court records
3. › Sound recordings of proceedings
4. › Whether release of sound recordings is a judicial or administrative function

Quick Take

This case confirms that UCPR 36.15(1) requires demonstration of irregularity, illegality or want of good faith in the procuring of the judgment itself, and that the rule cannot be used to relitigate decided issues or to appeal from the Court of Appeal to itself.