Clark v Robards (No 2) [2016] NSWCA 249

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Robards (No 2) [2016] NSWCA 249 Hearing dates: On the papers Decision date: 07 September 2016 Before: Basten JA at [1]; Simpson JA at [7]; Emmett AJA at [8]. Decision: The notice of motion filed 22 August 2016 is dismissed. Catchwords: PRACTICE AND PROCEDURE – whether to reopen appeal where misapprehension of fact was made – whether factual error was material to the Court's reasoning – whether further misapprehensions of fact had been made Cases Cited: Clark v Robards [2016] NSWCA 187 Category: Procedural and other rulings Parties: Peter Frederick Clark (Appellant) Timothy Neil Robards (First Respondent) Terrence Lloyd Robards (Second Respondent) State of New South Wales (Third Respondent) Representation: Counsel: Self-represented (Appellant)

Solicitors: Self-represented (Appellant) File Number(s): 2014/164527 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2014] NSWSC 742 Date of Decision: 17 June 2014 Before: Hidden J File Number(s): 2005/269279

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]