The Wentworth v Rogers [No 5] principles for setting aside a judgment obtained by fraud require that fresh facts be 'so evidenced and so material that it is reasonably probable that the action will succeed' — not merely that the applicant's case 'will succeed' if the facts are proven. A successful claim for legal professional privilege over a document cannot constitute fraud for the purpose of setting aside a judgment. The Quade/Players line of authority on malpractice by legal practitioners applies to non-production of discoverable documents, not to allegations that lawyers induced a witness to give false evidence where the false evidence itself does not satisfy the Wentworth principles.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.