Majak v Rose (No 5)

The applicant, Majak, sought to reopen proceedings against the third respondent, Rose, in the New South Wales Court of Appeal. The dispute concerned an application to reopen a judgment under rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW).

The primary legal issue before the Court was whether there was a basis to reopen the proceedings under UCPR 36.16. This rule permits a court to reopen a judgment or order in certain circumstances, and the Court was required to determine if those circumstances were met in this instance.

The Court observed that the power to reopen under UCPR 36.16 is not a broad one and is generally confined to correcting errors or omissions. In this case, the Court found no basis for reopening the proceedings and dismissed the applicant's Notice of Motion. The applicant was ordered to pay the third respondent's costs of the motion.