Teoh v Hunters Hill Council (No 7)

In *Teoh v Hunters Hill Council (No 7)*, the applicant sought to vary or set aside a judgment of the Court of Appeal. The respondent was Hunters Hill Council. The dispute concerned matters previously litigated in the Land and Environment Court and the Court of Appeal. The application was heard by Allsop P, Beazley and Meagher JJA.

The primary legal issue before the Court of Appeal was whether it retained jurisdiction to vary or set aside its earlier judgment, given the principle of *functus officio*. A secondary issue, arising from the applicant's history of litigation, concerned whether further applications by the applicant in respect of the litigated matters should be summarily dismissed as vexatious and an abuse of process.

The Court of Appeal held that, as a general rule, once a court has given its final judgment, it is *functus officio* and has no power to vary or set aside that judgment, save for limited exceptions not applicable in this instance. The Court noted that the applicant had not demonstrated any grounds for the Court to depart from this principle. Furthermore, considering the history of the proceedings and the nature of the application, the Court found that the applicant's conduct amounted to an abuse of process.

Consequently, the Court of Appeal dismissed the applicant's notice of motion. The Court also ordered that should the applicant seek to file any further application against Hunters Hill Council concerning the matters already litigated, they must simultaneously file a document of no more than five pages showing cause why the application should not be summarily dismissed as vexatious and an abuse of process.