Teoh v Hunters Hill Council [No 2]
Case
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[2010] NSWCA 321
•25 November 2010
Details
AGLC
Case
Decision Date
Teoh v Hunters Hill Council [No 2] [2010] NSWCA 321
[2010] NSWCA 321
25 November 2010
CaseChat Overview and Summary
In *Teoh v Hunters Hill Council [No 2]*, the Court of Appeal of New South Wales considered an application for leave to appeal and an application to amend a judgment. The applicant, Mr Teoh, sought leave to appeal against a decision of the primary judge, and also sought to amend orders previously made by the Court.
The primary legal issues before the Court were whether exceptional circumstances existed to grant leave for a second application for leave to appeal, and whether the Court had the power to amend its previous orders after they had been entered. The Court also had regard to the provisions of the *Uniform Civil Procedure Rules 2005* concerning the entry, setting aside, and variation of judgments and orders.
The Court of Appeal dismissed the notice of motion. It held that a second application for leave to appeal would only be granted in exceptional circumstances, and that such circumstances were not present in this case. Furthermore, the Court noted that while it had the power to amend its orders, the applications made did not meet the threshold for such an amendment. The Court ordered that the notice of motion be dismissed with costs.
The primary legal issues before the Court were whether exceptional circumstances existed to grant leave for a second application for leave to appeal, and whether the Court had the power to amend its previous orders after they had been entered. The Court also had regard to the provisions of the *Uniform Civil Procedure Rules 2005* concerning the entry, setting aside, and variation of judgments and orders.
The Court of Appeal dismissed the notice of motion. It held that a second application for leave to appeal would only be granted in exceptional circumstances, and that such circumstances were not present in this case. Furthermore, the Court noted that while it had the power to amend its orders, the applications made did not meet the threshold for such an amendment. The Court ordered that the notice of motion be dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Procedural Fairness
Actions
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Most Recent Citation
WILLIAMS v TEOH
[2012] FMCA 1138
Cases Citing This Decision
6
Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd
[2016] NSWCA 42
Teoh v Hunters Hill Council (No 8)
[2014] NSWCA 125
Teoh v Hunters Hill Council (No 7)
[2012] NSWCA 356
Cases Cited
5
Statutory Material Cited
0
Teoh v Hunters Hill Council (No 3)
[2009] NSWLEC 121
Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2)
[2009] NSWCA 387
Sanofi v Parke Davis Pty Ltd
[1982] HCA 9