Nguyen v Nguyen (No 2)

In *Nguyen v Nguyen (No 2)*, the New South Wales Court of Appeal considered an application by the applicant, Ms Nguyen, seeking to vary or set aside orders made in earlier proceedings. The respondent was Mr Nguyen. The dispute concerned the applicant's attempt to revisit final orders previously made by the court.

The primary legal issue before the Court of Appeal was whether the applicant had established grounds to justify the variation or setting aside of the existing orders. This involved an assessment of whether the applicant's application was frivolous or vexatious, or whether there were other compelling reasons to depart from the finality of the previous judgment.

The Court of Appeal dismissed the applicant's request to set aside the orders, finding that no sufficient grounds had been demonstrated. The court's reasoning focused on the principle of finality in litigation and the high threshold required to overturn previously made orders. The court noted that the applicant had not presented any new evidence or legal arguments that would warrant such a significant intervention.

Consequently, the Court of Appeal ordered that prayer 3 of the applicant's Notice of Motion be dismissed with costs. The court also provided directions for the applicant to file written submissions if she wished to pursue the remaining relief sought in her Notice of Motion, with a subsequent deadline for the respondent to file submissions in reply.