IA v TA (No 3)

In IA v TA (No 3), the appellant, IA, sought further relief by way of a notice of motion following an appeal that had already been determined by the Court of Appeal of New South Wales. The central dispute concerned whether the prior appeal had been finally determined, and consequently, whether the subsequent notice of motion seeking further relief was competent.

The Court of Appeal was required to determine two primary legal issues: first, whether the appeal had been finally determined within the meaning of the relevant rules of court, and second, if it had been, whether the notice of motion filed by IA was therefore incompetent.

The Court reasoned that an appeal is finally determined when the court has made its final orders and judgment. In this instance, the Court found that the previous appeal had indeed been finally determined. Consequently, the notice of motion seeking further relief was deemed incompetent as it was filed after the final determination of the appeal, and the Court lacked the jurisdiction to entertain such a motion in those circumstances.

The Court ordered that leave be granted to file the amended notice of motion dated 23 January 2019, but subsequently dismissed the amended notice of motion as incompetent.