Sebie v Krejci (No 3)

In this matter before the Court of Appeal of New South Wales, the applicants sought to reopen a judgment delivered on 10 August 2023, which they contended inadvertently omitted to address an application to review a Registrar's case management decision. They also sought a stay of orders made by Black J on 27 January 2022, pending the determination of an application for special leave to appeal to the High Court.

The primary legal issues before the Court were whether it should grant leave to the applicants to reopen the judgment to consider their application to review the Registrar's decision, and whether a stay of the existing orders should be granted pending the outcome of their special leave application to the High Court. The Court was required to assess the merits of the applicants' arguments regarding the alleged error in the Registrar's case management decision and the prospects of success in obtaining special leave to appeal to the High Court.

The Court granted leave to the applicants to institute proceedings to reopen the judgment, specifically limited to addressing paragraph 17 of their notice of motion which concerned the review of the Registrar's decision. This leave was granted on the condition that the reopening application would be dealt with, and a stay of Black J's orders was sought pending the determination of the special leave application to the High Court. However, the Court dismissed paragraph 17 of the amended notice of motion and refused the application for a stay of the orders made by Black J. Consequently, the notice of motion filed on 11 August 2023 was dismissed, with no order as to costs.