Mendonca v Tonna

[2025] NSWCA 112

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying orders
4. › Court of Appeal
5. › Motion to set aside refusal of leave to appeal
6. › Whether re-opening application appropriately determined by judges who made the decision
7. › Whether irregularity, illegality or lack of good faith identified
8. › Whether dissatisfaction with result suffices as basis for re-opening
9. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16(3A)
1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Whether too late to join parties after clear warning to do so
5. › Uniform Civil Procedure Rules 2005 (NSW), r 51.4(3)
1. Practice and Procedure
2. › Leave to appeal
3. › Costs disputes
4. › Discretionary nature of leave decision
5. › Whether extensive reasons required for refusal of leave

Quick Take

A party's dissatisfaction with the result of litigation, even where the party considers the decision wrong, does not suffice as a basis for re-opening under UCPR rr 36.15 or 36.16(3A), and making such arguments may be characterised as vexatious and an abuse of process.