Where a judgment is obtained by fraud, the fraud need not directly relate to all defendants for the entire judgment to be set aside; if the fraudulent evidence materially affected findings common to all defendants (such as contributory negligence), the judgment against all defendants is tainted. On remitter from the Court of Appeal to the Trial Division for findings of fact, the Court of Appeal retains the power to draw its own inferences from primary facts found and is not bound to accept all conclusions of the trial division judge. Evidence of lies told by a witness does not of itself corroborate an allegation of fraud without a finding that the lies were told because of consciousness of guilt.
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