Huang v Wong (No 2)
Case
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[2019] NSWCA 18
•19 February 2019
Details
AGLC
Case
Decision Date
Huang v Wong (No 2) [2019] NSWCA 18
[2019] NSWCA 18
19 February 2019
CaseChat Overview and Summary
In *Huang v Wong (No 2)*, the applicant sought to set aside a judgment or order, alleging it was given or entered irregularly, illegally, or against good faith. The applicant also sought access to sound recordings of proceedings. The matter was heard by Beazley P, Meagher JA, and Simpson AJA.
The primary legal issues before the court were whether the judgment or order in question had been obtained irregularly, illegally, or in bad faith, and whether the applicant was entitled to access the sound recordings of the proceedings. The court was required to consider the application of UCPR 36.15 in relation to the setting aside of judgments and orders, and the administrative procedures governing access to court recordings.
The court found no evidence to support the applicant's claims of irregularity, illegality, or want of good faith in relation to the judgment or order. Furthermore, the court determined that the application for access to sound recordings was a matter of administrative procedure, and the applicant had not demonstrated grounds for granting such access. Consequently, the court dismissed the applicant's notice of motion.
The applicant's notice of motion filed on 5 July 2018 was dismissed, and the applicant was ordered to pay the respondent's costs of the notice of motion.
The primary legal issues before the court were whether the judgment or order in question had been obtained irregularly, illegally, or in bad faith, and whether the applicant was entitled to access the sound recordings of the proceedings. The court was required to consider the application of UCPR 36.15 in relation to the setting aside of judgments and orders, and the administrative procedures governing access to court recordings.
The court found no evidence to support the applicant's claims of irregularity, illegality, or want of good faith in relation to the judgment or order. Furthermore, the court determined that the application for access to sound recordings was a matter of administrative procedure, and the applicant had not demonstrated grounds for granting such access. Consequently, the court dismissed the applicant's notice of motion.
The applicant's notice of motion filed on 5 July 2018 was dismissed, and the applicant was ordered to pay the respondent's costs of the notice of motion.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Costs
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Procedural Fairness
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Judicial Review
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Abuse of Process
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Citations
Huang v Wong (No 2) [2019] NSWCA 18
Most Recent Citation
Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Environment Protection Authority (No 9) [2022] NSWLEC 29
Cases Cited
5
Statutory Material Cited
2
Huang v Wong
[2018] NSWCA 94
Metwally v University of Wollongong
[1985] HCA 28