IA v TA (No 2)

In *IA v TA (No 2)*, the New South Wales Court of Appeal considered a notice of motion seeking further relief following an appeal that had already been determined. The parties involved were IA and TA.

The central legal issue before the Court of Appeal was whether the appeal had been finally determined, and consequently, whether the subsequent notice of motion seeking further relief was competent.

The Court reasoned that once an appeal has been finally determined, the Court of Appeal’s jurisdiction in relation to that appeal is generally exhausted. The filing of a notice of motion seeking further relief after the appeal was determined was therefore considered an incompetent procedural step. The Court applied the principle that finality in litigation requires that a concluded appeal cannot be reopened or amended through subsequent interlocutory applications of this nature.

Accordingly, the amended notice of motion filed on 31 October 2016 was dismissed as incompetent.