Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Lawrence v Ciantar (No 2) [2020] NSWCA 186 Hearing dates: On the papers Date of orders: 21 August 2020 Decision date: 21 August 2020 Before: Bathurst CJ; Meagher JA; Gleeson JA Decision: (1) Dismiss the notice of motion filed 26 May 2020.
(2) Applicant to pay the respondents’ costs of the motion.
Catchwords: PRACTICE AND PROCEDURE – Court of Appeal – application to re-open decision of the Court – Uniform Civil Procedure Rules 2005 (NSW) r 36.16 – the slip rule – procedural fairness
Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW), Pt 7
Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015, r 27
Supreme Court Act 1970 (NSW), s 75A
Uniform Civil Procedure Rules 2005 (NSW), r 36.16, 36.17
Cases Cited: Akins v National Australia Bank (1994) 34 NSWLR 155
Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6
Cabassi v Vila (1940) 64 CLR 130; [1940] HCA 41
Expo Aluminium (NSW) Pty Ltd v Pateman Pty Ltd (No 2) [1991] NSWCA 92
Lawrence v Ciantar [2020] NSWCA 89
McDonald v McDonald (1965) 113 CLR 529; [1965] HCA 45
Streetscape Projects (Australia) Pty Ltd v City of Sydney (No 2) [2013] NSWCA 240
Waterhouse v Independent Commission Against Corruption (No 2) [2015] NSWCA 362
Category: Principal judgment Parties: Wayne James Lawrence (Applicant)
Paul William Ciantar (First Respondent)
Alice Sammut (Second Respondent)Representation: Counsel:
Solicitors:
Applicant (self-represented)
McLean & Associates (Respondents)
File Number(s): 2019/159837 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court
- Jurisdiction:
- Equity Division
- Citation:
- Date of Decision:
- 26 April 2019
- Before:
- Henry J
- File Number(s):
- 2017/336803
Judgment
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THE COURT: On 12 May 2020, the Court delivered judgment in this matter dismissing the appeal of Mr Wayne Lawrence against the decision of Henry J on 26 April 2019 dismissing claims by Mr Lawrence that he had an interest in a property owned by the respondents at Angophora Crescent, Forestville, that the respondents had not validly terminated certain agreements between Mr Lawrence and the respondents and that Mr Lawrence was entitled to specific performance of those agreements: Lawrence v Ciantar [2020] NSWCA 89 (the Appeal Judgment).
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Mr Lawrence filed a notice of motion on 26 May 2020 seeking to reopen the decision of this Court. The motion also seeks ancillary relief that the Appeal Judgment be stayed.
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In accordance with directions made by the Registrar, the parties filed submissions in relation to the reopening application. After the filing of those submissions, Mr Lawrence forwarded an email to the Registrar on 23 July 2020 seeking leave to amend his reply submissions filed 20 July 2020. He also sought an oral hearing via telephone link “to identify the factual circumstances in [his] submissions”. The respondents indicated they were content for the matter to be dealt with on the papers. Having considered submissions and documents filed by Mr Lawrence in support of the motion, the Court…
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- AGLC
- Lawrence v Ciantar (No 2) [2020] NSWCA 186
- Case
- [2020] NSWCA 186
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether it had the power to re-open its own decision under rule 36.16 of the *Uniform Civil Procedure Rules 2005* (NSW), commonly referred to as the "slip rule," and whether the circumstances warranted the exercise of such power. This rule allows a court to correct a slip or oversight in its judgment or order. The applicant also raised arguments concerning procedural fairness.
The Court of Appeal dismissed the application, finding that the applicant had not demonstrated that the Court had made a "slip" in its previous decision or order. The Court reiterated that the slip rule is intended to correct errors arising from accidental omissions or misstatements, not to allow a party to re-argue a case or to introduce new arguments that could have been raised earlier. The applicant's arguments did not fall within the scope of what the slip rule was designed to address, and therefore, the Court declined to re-open its prior determination.
Consequently, the Court ordered that the notice of motion filed on 26 May 2020 be dismissed, and that the applicant pay the respondents' costs of the motion.
Orders
Orders of the court
(1) Dismiss the notice of motion filed 26 May 2020.
(2) Applicant to pay the respondents’ costs of the motion.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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