Brooker v Friend (No 2)

The parties involved were Brooker and Friend. The dispute concerned a motion to recall the reasons of the New South Wales Court of Appeal in a previous decision, *Brooker v Friend & Brooker & Anor* [2006] NSWCA 385. The motion was heard by Mason P, McColl JA, and Basten JA.

The primary legal issue before the Court was whether there were grounds to recall its previously published reasons for judgment. This involved considering whether the original judgment contained a manifest error or overlooked a crucial aspect of the case that would warrant reconsideration.

The Court dismissed the motion, finding no sufficient basis to recall its reasons. The judges applied the principles governing applications to recall judgments, which typically require a high threshold to be met, demonstrating a clear and significant error. The Court ordered that the parties file submissions regarding the final orders within seven days.