Malouf v Prince (No 2)

In *Malouf v Prince (No 2)*, the applicant sought to set aside or vary orders previously made by the court. The applicant initially filed an application within the 14-day time limit prescribed by rule 36.16 of the *Uniform Civil Procedure Rules 2005* (NSW). However, an amended application, seeking more extensive orders, was filed outside this 14-day period. The respondent argued that the court lacked the power to entertain the amended application.

The central legal issues before the Court of Appeal of New South Wales were whether rule 36.16 of the *Uniform Civil Procedure Rules 2005* (NSW) conferred the power to entertain the amended application filed outside the prescribed time limit, and whether section 14 of the *Civil Procedure Act 2005* (NSW) empowered the court to dispense with the requirements of rule 36.16. The court was also asked to consider whether a costs order should be varied.

The court held that rule 36.16 did not confer power to entertain an amended application filed outside the 14-day time limit. It further determined that section 14 of the *Civil Procedure Act 2005* (NSW) did not grant the court the power to dispense with the time limit stipulated in rule 36.16 for the filing of an amended notice of motion seeking more extensive relief. Consequently, the court dismissed both the original and amended notices of motion. The respondent was ordered to pay the costs of the application for leave to file the notice of motion dated 12 February 2010.