Marshall & Anor v The Honourable Alannah Mactiernan Mla Minister for Planning and Infrastructure

(2003) 128 LGERA 231; [2003] WASCA 67

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Finality of judgments
3. › Perfected orders
4. › Whether court has inherent power to recall perfected final order
5. › Exception for fraud
6. › Whether fraud established
1. Local Government
2. › Town planning
3. › Zoning
4. › Determination of zoning from scheme map
5. › Whether colour shade difference on photocopied scheme map sheets demonstrated zoning error
6. › City of South Perth Town Planning Scheme No 5

Quick Take

Once an order disposing of a proceeding has been perfected, the court has no inherent power to recall it, and the English residual jurisdiction recognised in Taylor v Lawrence does not apply in Australia. A party who presented its case on a mutually accepted factual basis cannot, after an adverse perfected order, seek to challenge that factual basis. The fraud exception to the finality rule requires direct evidence or a sufficient foundation for an inference of fraud, not merely an assertion that the party was 'tricked'.