Naczek & Dowler (No. 6)

In *Naczek & Dowler (No. 6)*, the applicant, Naczek, sought to have certain orders made in previous proceedings between the parties, specifically orders made by Cronin J on 16 December 2022, set aside. The respondent was Dowler.

The primary legal issue before Cronin J was whether the orders of 16 December 2022 should be set aside pursuant to rule 17.08 of the *Uniform Civil Procedure Rules 2005* (NSW). This rule permits a court to set aside or vary an order if a party has failed to attend the hearing at which the order was made.

Cronin J considered the evidence presented by the applicant regarding their absence from the hearing. The court applied the principles governing applications to set aside orders under rule 17.08, which generally require a demonstration of a meritorious defence or a good reason for the non-attendance. After reviewing the submissions and evidence, Cronin J concluded that the applicant had not established sufficient grounds to warrant setting aside the previous orders.

Consequently, the application to set aside the orders of 16 December 2022 was dismissed.