Lexcray Pty Ltd v NT

(2003) 13 NTLR 154; [2003] NTCA 11

NT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Reopening perfected judgments
4. › Whether intermediate court of appeal has jurisdiction to reopen appeal after judgment perfected
5. › Whether failure to give discovery constitutes irregularity under Rule 2.01
6. › Whether inherent jurisdiction extends to reopening perfected judgments
7. › Supreme Court Act 1993 (NT), s 55(1)
8. › Supreme Court Rules (NT), O 2.01, O 29.02, O 82.02
1. Practice and Procedure
2. › Discovery
3. › Failure to comply with discovery obligations
4. › Consequences of non-compliance discovered after perfection of judgment
5. › Whether new trial should be ordered
6. › Principles in Commonwealth Bank v [name withheld]
1. Practice and Procedure
2. › Fresh evidence on appeal
3. › Admission of fresh evidence after perfection of judgment
4. › Whether court has power to receive fresh evidence after judgment perfected
5. › Supreme Court Act 1993 (NT), s 54
1. Appeal
2. › Finality of judgments
3. › Power of intermediate appellate court to reopen perfected judgment
4. › Whether rule in [name withheld] v [name withheld] applies to intermediate courts of appeal
5. › Whether exceptions exist for procedural unfairness or non-compliance with rules

Quick Take

The Northern Territory Court of Appeal, as an intermediate appellate court, has no jurisdiction to reopen an appeal after final judgment has been perfected, even where the respondent has failed to comply with discovery obligations and significant evidence comes to light after judgment. The rule in [name withheld] v [name withheld] applies, and Rule 2.01 of the Supreme Court Rules does not confer power to set aside a perfected appellate judgment for pre-trial discovery failures. A party in such circumstances must seek relief from the High Court.