Lianos v Order of AHEPA NSW Inc (No 4)

[2021] NSWCA 159

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Application to reopen after decision handed down
4. › Setting aside or variation of orders
5. › Factual misapprehension
6. › Whether orders correctly reflect court's reasoning
7. › Whether variation warranted to cure misapprehension
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16
1. Appeal
2. › Procedure
3. › Application for joinder after appeal decision
4. › Non-parties seeking to reopen appeal
5. › Whether applicants entitled to be joined
6. › Whether standing by while battle fought by another precludes relitigation
7. › Abuse of process
1. Appeal
2. › Procedure
3. › Further evidence on appeal
4. › Special grounds requirement
5. › Whether special grounds demonstrated for adducing further evidence after judgment
6. › Supreme Court Act 1970 (NSW), s 75A
1. Voluntary Associations
2. › Incorporated associations
3. › Construction of rules and constitution
4. › Membership prerequisites
5. › Meaning of 'unincorporated association' in rules of incorporated association
6. › Whether membership prerequisites cumulative or alternative
7. › Relationship between incorporated and unincorporated associations
8. › Associations Incorporation Act 2009 (NSW)

Quick Take

A factual misapprehension may warrant variation of orders without full reopening, and non-parties who stood by while proceedings were conducted by others in the same interest may be precluded from relitigating the issues when seeking to reopen appeal decisions.