Johnson v Mackinnon (No 2) [2022] NSWCA 22 (24 February 2022) (Macfarlan and Brereton JJA, Simpson AJA)


Catchwords:


JUDGMENTS AND ORDERS – Court of Appeal – Review of previous decision of the Court of Appeal – Application to set aside decision pursuant to UCPR r 36.16 or court’s inherent jurisdiction – No identified matter raised in appeal overlooked – No misconception, misapprehension, oversight or inadvertence – Application dismissed

COSTS – Party/Party – Unmeritorious application seeking to reargue unsuccessful appeal – Indemnity costs awarded