NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Weller v Fong BHNF Calvin Yao Ping Fong [2023] NSWDC 429 Hearing dates: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Order pursuant to r 36.15 of the Uniform Civil Procedure Rules 2005 (NSW) that the judgment entered 4 May 2021 in NSWDC 2021/123747 be set aside. (2) Order that Ms Fong pay Mr Weller's costs of and incidental to that notice of motion. (3) Discharge any stay that is currently in place in relation to the enforcement of the judgment dated 24 September 2021. Catchwords: CIVIL – application to set aside judgment obtained pursuant to certificate filed under s 70(3) of the Legal Profession Uniform Law Application Act 2014; irregularity Legislation Cited: Legal Profession Uniform Law Application Act 2014, pt 7, ss 70(3), 76, s 89, s 93C(3) Uniform Civil Procedure Rules, r 36.15 Cases Cited: Bingham v Bevan [2023] NSWCA 86 BP v BP Refinery (Westerport) v Shire of Hastings (1977) 180 CLR 266 at 285 Codelfa Constructions Pty Ltd v State Rail Authority v State Rail Authority of NSW (1982) 149 CLR 337 Category: Principal judgment Parties: Herbert Weller (plaintiff) Rosie Hong Jia Fong (through her tutor Calvin Yao Ping Fong) (defendant) Representation: Counsel: H Weller (plaintiff) M Sahade (defendant)
Solicitors: Herbert Weller (plaintiff) Oliveri Lawyers (defendant) File Number(s): 2021/269122 Publication restriction: None
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