McGinn v Cranbrook School (No 2)

The applicant, McGinn, sought to set aside an order made by the court. Cranbrook School was the respondent. The dispute concerned an application to set aside a prior court order, with McGinn alleging the order was made irregularly, illegally, or against good faith. The matter was heard by Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether the applicant had demonstrated a sufficient basis to set aside the existing order pursuant to rule 36.15 of the Uniform Civil Procedure Rules (UCPR). This rule permits the setting aside of an order in certain circumstances, including where it was obtained irregularly, illegally, or in bad faith.

Leeming JA found that no basis for setting aside the order had been demonstrated by the applicant. The court applied the principles governing applications to set aside orders, requiring the applicant to establish a clear irregularity or impropriety in the making of the original order. In the absence of such evidence, the application could not succeed.

Consequently, the notice of motion filed by McGinn on 4 December 2015 was dismissed, and McGinn was ordered to pay the costs of Cranbrook School.