Choi v Secretary, Department of Communities and Justice (No 2)

The applicant, Choi, sought to amend a notice of motion filed on 13 October 2022, with the amended notice of motion dated 28 November 2022, which was forwarded with submissions dated 5 December 2022. The respondent was the Secretary, Department of Communities and Justice. The matter came before the Court of Appeal of New South Wales, constituted by Ward P, Meagher and Leeming JJA.

The central legal issue before the Court was whether the applicant's proposed amendments to the notice of motion should be permitted. This involved considering the court's power to amend judgments and orders, particularly in circumstances of alleged irregularity, illegality, or bad faith.

The Court of Appeal dismissed the applicant's notice of motion, as amended. The Court applied principles relating to the amendment of judgments and orders, finding that the proposed amendments were not permissible. The Court ordered that the applicant pay the costs of the respondent.