Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Nguyen v Nguyen (No 3) [2022] NSWCA 171 Hearing dates: On the papers Date of orders: 31 August 2022 Decision date: 31 August 2022 Before: Bell CJ; Meagher JA Decision: Notice of Motion of 18 August 2021 dismissed with costs
Catchwords: CIVIL PROCEDURE – no issue of principle
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.15
Cases Cited: Nguyen v Nguyen (No 2) [2021] NSWCA 325
Category: Principal judgment Parties: Anh Tuan Nguyen (Applicant)
Thi Anh Thuy Nguyen (Respondent)Representation: Counsel:
A T Nguyen (Applicant in person)
B Zipser (Respondent)Solicitors:
Integrity Legal Specialists (Respondent)
File Number(s): 2021/28303 Publication restriction: N/A Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Equity
- Citation:
- Date of Decision:
- 22 February 2019;
27 August 2019- Before:
- Slattery J
- File Number(s):
- 2015/151521
JUDGMENT
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THE COURT: On 16 December 2021, we delivered judgment in Nguyen v Nguyen (No 2) [2021] NSWCA 325. That judgment was in relation to Prayer 3 of a Notice of Motion which had been filed by the Applicant in this Court on 18 August 2021 (the August Notice of Motion) and which sought, inter alia, to set aside our earlier judgment delivered on 3 August 2021: Nguyen v Nguyen [2021] NSWCA 161.
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These reasons presuppose familiarity with both of our earlier judgments. For present purposes it suffices to note that, by our judgment of 3 August 2021, we refused an application for an extension of time to appeal from a decision of Slattery J delivered on 22 February 2019: Nguyen v Nguyen [2019] NSWSC 131.
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Prayer 3 of the August Notice of Motion was, in effect, an application for an order requiring the Respondent to produce certain documents in aid of other relief sought in the August Notice of Motion. The relief sought in Prayer 3 was refused with costs in our judgment of 16 December 2021. We also ordered that:
“If the Applicant wishes to pursue the balance of the relief sought in the Notice of Motion, the Applicant is to file and serve written submissions of no more than 5 pages by 4pm on 25 January 2022, with the Respondent to file and serve any submissions in reply by 4pm on 2 February 2022.”
The Applicant took up this invitation. There was a slip in the timetable but that can be put to one side for present purposes. It was noted in our judgment of 16 December 2021 at [14] that, if the balance of the relief sought in the August Notice of Motion were to be pursued, it would be dealt with on the papers.
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What was left of the August Notice of Motion to be determined, other than Prayer 3, was as follows:
“1 To review and set aside decision 1 & 2 of Court of…
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- Case
- [2022] NSWCA 171
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to grant the relief sought in the notice of motion filed by the applicant.
The court dismissed the notice of motion. The reasons for this dismissal were not detailed in the provided text, but the outcome indicates that the applicant did not satisfy the court of the merits of their application.
The notice of motion of 18 August 2021 was dismissed with costs.
Orders
Orders of the court
Notice of Motion of 18 August 2021 dismissed with costs
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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