State of New South Wales v Younis (No 2)

The Supreme Court of New South Wales, Court of Appeal, considered an application by the State of New South Wales for orders concerning the payment of money paid into court. The dispute arose from an earlier order made by Levy DCJ on 12 November 2010, which resulted in a sum of $437,154.54 being paid into court. The State sought to vary or set aside aspects of this earlier order, specifically concerning the disbursement of a portion of these funds.

The primary legal issue before the Court of Appeal was whether it had the power to order the Registrar of the District Court to pay a specific sum of money, $49,000, from the funds held in court to a particular trust account. This question involved the interpretation and application of the Uniform Civil Procedure Rules 2005, particularly those relating to the payment of money into and out of court, and the court's inherent jurisdiction to control its own process and ensure the proper administration of justice. The court also had to consider the timeliness of the application and whether it fell within the prescribed time limits for setting aside or varying judgments and orders.

Leeming JA reasoned that the court possessed the necessary power to make the order sought, notwithstanding the usual timeframes for varying judgments. His Honour noted that the Uniform Civil Procedure Rules 2005, specifically Rule 36.11, govern the entry of judgments and orders, while Rules 36.15 to 36.18 deal with setting aside and variation. However, the court's inherent jurisdiction to control its process and prevent an abuse of process or injustice was paramount. The court found that the circumstances warranted the exercise of this inherent power to direct the payment of the funds to the S Stojanovic trust account.

Consequently, the Court of Appeal ordered that the Registrar of the District Court of New South Wales take the necessary steps to pay $49,000, part of the sum paid into court, into the S Stojanovic trust account. The Notice of Motion filed by the State on 13 August 2014 was otherwise dismissed.