Serobian v Commonwealth Bank of Australia

Serobian (the applicant) sought a rehearing of an appeal and to set aside orders that had dismissed that appeal, against the Commonwealth Bank of Australia (the respondent). The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was the principles upon which a rehearing of an appeal could be ordered, particularly in circumstances where the appeal had already been dismissed. This involved considering the court's power to set aside or vary its own orders and the relevant time limits for such applications.

The Court considered the principles governing applications for rehearings and the setting aside of judgments. It noted that such applications are exceptional and require a strong case to be made out. The Court's attention was drawn to the Uniform Civil Procedure Rules 2005, specifically Rule 36.16, which sets a fourteen-day time limit for setting aside and varying judgments or orders, unless the Court orders otherwise. The Court found that the applicant had not satisfied the necessary criteria for a rehearing or for setting aside the dismissal orders.

The notice of motion filed by the applicant was dismissed, with costs ordered in favour of the respondent.