Wang v Botany View Hotel (No 2) [2017] NSWCA 298

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wang v Botany View Hotel (No 2) [2017] NSWCA 298 Hearing dates: On the papers Date of orders: 24 November 2017 Decision date: 24 November 2017 Before: Macfarlan JA at [1]; White JA at [1] Decision: Applicant's notice of motion filed on 16 October 2017 be dismissed with costs. Catchwords: CIVIL PROCEDURE — Court of Appeal — Judgments and orders of — Setting aside own orders — UCPR r 36.16(3A) — oral hearing not warranted — incomprehensible grounds — no identifiable error which justifies setting aside own orders — notice of motion dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) Cases Cited: Majak v Rose (No 5) [2017] NSWCA 238 Riley v California 573 US 13-132 (2014) Wang v Botany View Hotel [2017] NSWCA 249 Category: Procedural and other rulings Parties: Yun Fu Wang (Applicant) Botany View Hotel (Respondent) Representation: Counsel: N/A

Solicitors: Dezarnaulds Legal (Respondent) File Number(s): 2017/226258 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2017] NSWSC 644 Date of Decision: 16 May 2017 Before: McCallum J File Number(s): 2016/266303

[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.]