Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 1663

Supreme Court New South Wales

Medium Neutral Citation: Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 1663 Hearing dates: 1 December 2022 Date of orders: 1 December 2022 Decision date: 01 December 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) Notice of motion dismissed. (2) Defendant to pay costs of the motion on the ordinary basis. Catchwords: CIVIL PROCEEDINGS – NOTICE OF MOTION – whether judgment of the Supreme Court ought to be set aside – variation of decision of another judge in same division – defendant provided notification that notice of motion was likely to fail – notice of motion not withdrawn – powers of the court to set aside or vary judgments or orders – failure to identify grounds for variation of judgment – re-agitating arguments determined by earlier judgments – principle of finality – question of whether costs to be granted on an indemnity basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16, 36.17 Cases Cited: Arjunan v Neighbourhood Association DP No 285853 (No 3) [2022] NSWSC 1524 Arjunan v Neighbourhood Association Number DP 285853 (2022) NSWSC 691 Arjunan v Neighbourhood Association Number DP 285853 (2022) NSWSC 746 Hamad v State of New South Wales [2002] 188 ALR 659 Janson Pty Ltd v Edmonds [2022] NSWCA 61 Janson Pty Ltd v Edmonds [2022] NSWCA 61. Nominal Defendant v Livaga [2011] NSWCA 121 Nominal Defendant v Livaga [2011] NSWCA 121 Category: Procedural rulings Parties: Kannapiran Chinna Arjunan (First Plaintiff) Thanyam Kannapiran (Second Plaintiff) Neighbourhood Association No DP 285853 (Defendant) Representation: Solicitor: Kannapiran Chinna Arjunan (Self-Represented, Plaintiffs) Grace Lawyers (Defendant) File Number(s): 2021/368684 Publication restriction: Nil.