Martin v State of New South Wales (No 15)

The case of *Martin v State of New South Wales (No 15)* concerned an application by Mr Martin to reopen earlier judgments of the Court of Appeal. The application was brought under Part 36, rule 36.15 of the Uniform Civil Procedure Rules 2005 (NSW), which allows a court to set aside a judgment or order if sufficient cause is shown and the judgment or order was given, entered, or made irregularly, illegally, or against good faith. The Court of Appeal, constituted by Basten JA and Handley AJA, considered whether the application was formally competent and whether the Court possessed the power to reopen its prior decisions.

The primary legal issues before the Court were whether rule 36.15 of the UCPR imposed a time limit for applications to set aside judgments or orders, and whether the Court retained an inherent power to reconsider interlocutory orders. Additionally, the Court examined the scope of powers available to a judge of appeal under sections 46, 46A, and 46B of the *Supreme Court Act 1970* (NSW), particularly in relation to the constitution of the Court and its ability to dismiss proceedings.

The Court determined that rule 36.15 of the UCPR does not impose a time limit for applications made under that rule, rendering Mr Martin's motion formally competent. While acknowledging the narrow scope of rule 36.15, which focuses on irregularities in the entry or making of a judgment or order rather than its merits, the Court noted that its jurisdiction may extend to complaints of procedural unfairness, such as a reasonable apprehension of bias. The Court also considered its inherent power to reconsider interlocutory orders. Ultimately, the Court dismissed Mr Martin's motion, finding that his submissions ranged widely over the perceived merits of the decisions and injustices suffered, rather than focusing on the specific grounds for setting aside a judgment under rule 36.15 or demonstrating a denial of procedural fairness. The motion was dismissed with costs.