Recent Cases

Zey v State of New South Wales [2026] NSWCA 208 (30 September 2026) (Ward ACJ and Mitchelmore JA)


Catchwords:


JUDGMENTS AND ORDERS — amending, varying and setting aside — Court of Appeal — application to reopen and vary orders under UCPR r 36.16(3A) — whether judgment affected by misapprehensions — whether misapprehension on part of Court warrants orders being varied — no basis for reopening — application dismissed

COSTS — gross sum costs order — where applicant opposes gross sum costs order — where applicant seeks to adduce evidence beyond scope of Court of Appeal proceedings — application to subpoena witnesses refused — gross sum costs order appropriate in the circumstances