Arjunan v Neighbourhood Association DP No 285853 (No 2)

[2023] NSWCA 176

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Amending, varying and setting aside
4. › Court of Appeal
5. › Application to reopen and vary orders under UCPR r 36.16 after judgment published
6. › Whether purportedly newly discovered facts warranted reopening
7. › Whether applicants sought to reagitate arguments already considered
8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Practice and Procedure
2. › Subpoenas
3. › Leave to issue subpoena
4. › Whether error identified in decision to refuse leave to issue
5. › Whether utility in issuing subpoena after proceedings concluded

Quick Take

This case is a routine application of settled principles and does not change the law; it illustrates the high threshold for reopening Court of Appeal orders under UCPR r 36.16.