Arnott v Glissan

The applicant, Arnott, sought a stay of a District Court judgment pending the hearing of a summons pursuant to section 69 of the *Supreme Court Act 1970* (NSW). The respondent was Glissan. The application was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the applicant had an arguable case for the relief sought, and whether there had been a denial of procedural fairness in the proceedings below. The applicant was essentially seeking to set aside or vary the District Court judgment.

Beazley P found that the applicant had not demonstrated an arguable case for the relief sought. The Court considered the relevant rules of the *Uniform Civil Procedure Rules 2005* concerning the setting aside and variation of judgments, noting the time limits prescribed. No basis was established for departing from the usual finality of judgments, nor was any procedural unfairness identified.

The notice of motion filed by the applicant was dismissed, with costs ordered in favour of the respondent.