McGinn v Inner West Council [2018] NSWCA 90

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McGinn v Inner West Council [2018] NSWCA 90 Hearing dates: 17 April 2018 Decision date: 01 May 2018 Before: Beazley P; Ward JA; Simpson AJA Decision: The notice of motion is dismissed with costs. Catchwords: CIVIL PROCEDURE – notice of motion to set aside judgment of Court of Appeal for fraud – whether there was new evidence on the basis of which judgment should be set aside Legislation Cited: Ashfield Local Environmental Plan 1985 Environmental Planning and Assessment Act 1979 (NSW), s 143 Evidence Act 1995 (NSW), ss 56, 143, 144 Cases Cited: McGinn v Ashfield Council [2011] NSWLEC 105 McGinn v Ashfield Council [2011] NSWLEC 84 McGinn v Ashfield Council [2012] NSWCA 238 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: Sophia McGinn (Applicant) Inner West Council (Respondent) Representation: Counsel: In person (Applicant) J Strati (Solicitor) (Respondent)

Solicitors: In person (Applicant) Inner West Council (Respondent) File Number(s): 2011/239285

[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.]