Northey v Bega Valley Shire Council

Ms Northey sought to set aside an order dismissing her proceedings against Bega Valley Shire Council for want of prosecution. The application was heard by Barrett JA in the Court of Appeal of New South Wales.

The primary legal issue was whether the order of dismissal, made in Ms Northey's absence, was made "irregularly" due to non-compliance with rule 18.3 of the Uniform Civil Procedure Rules 2005, and if so, whether any factor made it unjust for the order to stand.

Barrett JA considered the meaning of "irregularly" in the context of rule 18.3, which deals with the dismissal of proceedings for want of prosecution. His Honour found that the order was not irregular simply because it was made in the absence of a party, particularly where the party had been notified of the hearing. The court's power to set aside an order under rule 36.15 is discretionary and requires a compelling reason, such as irregularity or injustice. In this instance, no such compelling reason was established.

Ms Northey's notice of motion was dismissed with costs.