Madden v Madden

The appeal concerned an application for leave to appeal a decision of a primary judge who had refused an application to re-open proceedings. The parties to the appeal were Madden and Madden.

The central legal issue before the Court of Appeal was whether the primary judge had erred in the exercise of their discretion by refusing to re-open the proceedings.

The Court of Appeal considered the principles governing applications to re-open proceedings, particularly in light of the Uniform Civil Procedure Rules 2005, which set out the procedures for setting aside and varying judgments and orders, including time limits. The Court found no error in the primary judge's exercise of discretion.

The application for leave to appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.