Gall v Pham (No. 2)

Gall commenced proceedings against Pham for, among other things, the recovery of damages for trespass and nuisance. Pham filed a notice of motion to set aside a judgment made against him in the proceedings. The court was required to determine whether Pham's notice of motion was valid and whether the judgment should be set aside. The court held that Pham's notice of motion was invalid as it did not comply with the relevant rules of court. The motion was dismissed with costs awarded against Pham.

The court considered the requirements for a valid notice of motion to set aside a judgment, including the need for compliance with the relevant rules of court. The court found that Pham's notice of motion did not comply with these requirements and was therefore invalid. The court also considered Pham's arguments for setting aside the judgment on its merits, but found that these arguments were not sufficient to overcome the invalidity of the notice of motion. The court held that the notice of motion was invalid and dismissed the motion with costs awarded against Pham.

No further orders were made by the court. The judgment remains in place and Pham's motion to set it aside was dismissed. The costs of the motion were awarded against Pham, and he was responsible for paying them.