Weller v Fong Bhnf Calvin Yao Ping Fong

The case involved a dispute between Weller and Fong Bhnf Calvin Yao Ping Fong. The matter originated in the Local Court of New South Wales, and Weller subsequently sought to set aside a judgment obtained by Fong through an application filed under section 70(3) of the Legal Profession Uniform Law Application Act 2014. Weller's application was grounded on the argument that there was an irregularity in the process that led to the judgment.

The legal issues before the court involved the interpretation and application of section 70(3) of the Legal Profession Uniform Law Application Act 2014, particularly in the context of setting aside a judgment. The court had to determine whether there was sufficient evidence of an irregularity to warrant setting aside the judgment. Additionally, the court had to consider the costs implications of the application and the impact of any stay on the enforcement of the judgment.

The court found that there was indeed an irregularity that affected the fairness of the proceedings leading to the judgment. Consequently, the court granted the application to set aside the judgment entered on 4 May 2021. Furthermore, the court ordered Fong to pay Weller's costs associated with the notice of motion. The court also discharged any stay that was in place in relation to the enforcement of the judgment dated 24 September 2021.