Weber v Greater Hume Shire Council (No 2)

Weber, the plaintiff, brought a representative action against the Greater Hume Shire Council, the defendant, concerning issues arising from the defendant's conduct. The dispute involved a personal claim by the plaintiff and common questions relevant to the representative action. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the trial judge had made orders on 30 August 2018 that were capable of being set aside. Specifically, the Court considered whether the trial judge's pronouncements constituted a judgment that could be appealed or otherwise reviewed, particularly in relation to the plaintiff's personal claim and the answers to common questions.

The Court of Appeal determined that the trial judge's pronouncements on 30 August 2018 did not constitute a formal judgment that could be set aside. However, the Court acknowledged that the pronouncements had been treated as orders by the parties and the trial judge himself. Accordingly, the Court of Appeal made an order setting aside the judgment given in the Common Law Division on 30 August 2018, to the extent that it contained orders.