Dickson v Commissioner of the Australian Federal Police (No 2)

The applicant, Dickson, sought to set aside orders made by the court. The respondent was the Commissioner of the Australian Federal Police. The application was heard by Meagher and Brereton JJA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether the applicant had established grounds to set aside the previous orders pursuant to rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW). This rule permits a court to set aside or vary an order if it is made in the absence of a party, or if it is just to do so.

The court considered the applicant's arguments for setting aside the orders, which were based on allegations of non-compliance with procedural requirements and a lack of proper notice. However, the court found that the applicant had not demonstrated sufficient grounds to justify setting aside the existing orders. The court applied the principles governing applications to set aside judgments or orders, requiring a compelling case to be made out, and found that such a case had not been presented.

Consequently, the motion filed by the applicant on 27 February 2023 was dismissed, and the applicant was ordered to pay the costs of the proceedings.