The respondent brought a motion under Rule 59.06 seeking an order granting terms as a condition of setting aside a default judgment, which the Court of Appeal had previously set aside on appeal.
The Court expressed doubt regarding its jurisdiction to entertain the motion, as Rule 59.06 applies to a 'proceeding' (an action or application), and the appeal had already been disposed of.
Assuming jurisdiction, the Court dismissed the motion because no request for such relief was made during the appeal and no proper material was filed demonstrating necessity or prejudice.
The dismissal was without prejudice to the respondent's right to seek relief in the Superior Court of Justice.
