El-Cheikh v Miraki (No 2)

The parties in this matter were El-Cheikh and Miraki. The dispute concerned a motion brought before the Court of Appeal of New South Wales seeking the variation of final orders previously made in the proceedings. The core of the dispute revolved around whether certain outstanding issues, left unresolved by the original judgment, required determination by a judge of the Equity Division.

The primary legal issue before the Court of Appeal was whether it possessed the power to vary its own final orders to direct that outstanding issues be determined by a judge of the Equity Division, or if such a direction was beyond its remit. This involved considering the nature of final orders and the court's inherent jurisdiction to manage its proceedings and ensure the effective resolution of disputes.

The Court of Appeal dismissed the motion. Their Honours reasoned that the court's power to vary final orders was limited and did not extend to making directions about how or by whom specific issues should be determined after final judgment had been given, particularly when those issues were not expressly reserved. The court concluded that the appropriate forum for the determination of any remaining issues lay with the Equity Division itself, not through a variation of the Court of Appeal's final orders.

The motion was dismissed with costs.