Lawrence v Ciantar (No 2)

[2020] NSWCA 186

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Application to reopen decision of the Court
4. › Setting aside or varying judgments
5. › Whether misapprehension of facts or law shown
6. › Whether application amounts to re-agitation of arguments already considered
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Practice and Procedure
2. › Court of Appeal
3. › Slip rule
4. › Whether errors arose from clerical mistake or accidental slip or omission
5. › Whether slip rule applies to deliberate decisions
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Practice and Procedure
2. › Court of Appeal
3. › Procedural fairness
4. › Whether denial of procedural fairness on appeal
5. › Whether fresh evidence would produce different outcome
6. › Supreme Court Act 1970 (NSW), s 75A

Quick Take

This case is a straightforward application of established principles and does not change the law; it confirms that applications to reopen Court of Appeal decisions will be refused where they amount to re-agitation of arguments already considered.