Templeton (a pseudonym) v Director of Public Prosecutions (NSW) (No 2)

The appellant, Templeton (a pseudonym), sought to set aside a judgment and rehear an application for judicial review against the Director of Public Prosecutions (NSW). The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether it had the power to set aside its own earlier judgment and rehear the application for judicial review, pursuant to rule 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW). This rule permits a court to set aside a judgment or order if it is satisfied that it is in the interests of justice to do so, and if the application is made within a reasonable time.

The Court considered the principles governing the setting aside of judgments and rehearings, particularly in the context of appellate jurisdiction. It was held that the power under rule 36.16(3A) was not intended to allow a party to relitigate a matter that had already been fully heard and determined on its merits, especially where no new evidence or circumstances had arisen that would fundamentally alter the basis of the original decision. The Court found that the appellant had not demonstrated that it was in the interests of justice to set aside the judgment and rehear the application.

The appeal was dismissed with costs.