Johnston v The Greens NSW (No 2)

Johnston applied to the Supreme Court of New South Wales, Court of Appeal, seeking to set aside orders previously made in proceedings against The Greens NSW and others. The application was brought under rules 36.15, 36.16, and 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).

The primary legal issue before the Court of Appeal was whether there were sufficient grounds to set aside the existing orders. This involved an assessment of whether the applicant had demonstrated a valid basis for rescinding or varying the prior judicial determinations under the relevant UCPR provisions.

The Court of Appeal found no basis to set aside the established orders. The reasoning, though not detailed in the provided text, led the Court to conclude that the application lacked merit. Consequently, the Court dismissed the notice of motion filed by the applicant.

The applicant was ordered to pay the costs of the fourth and fifth respondents in relation to the unsuccessful motion.