Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No 2)

Born Brands Pty Ltd and others (the appellants) sought to have orders made by the court on 30 October 2014 set aside. The dispute arose from the appellants' contention that the court had failed to address a specific submission made by them and had not referred to the authorities they relied upon in its judgment. The matter came before the Court of Appeal of New South Wales, constituted by Basten and Meagher JJA and Tobias AJA.

The primary legal issue before the Court of Appeal was whether it possessed the power to reopen a judgment and set aside orders that had already been entered. This involved considering the relevant rules of the Uniform Civil Procedure Rules 2005, specifically those pertaining to the entry of judgments and orders, and the subsequent setting aside or variation of such judgments and orders, including any applicable time limits.

The Court of Appeal dismissed the appellants' motion. The reasoning focused on the fact that the orders had been entered, and the court's power to set aside or vary such orders was circumscribed by the rules. The appellants' argument that the court had failed to address their submissions and authorities did not, in the circumstances, provide a sufficient basis for exercising the power to set aside the entered orders. The court applied the principles governing the finality of judgments and the limited grounds upon which they can be disturbed after entry.