Hera Project Pty Ltd v Bisognin

(2018) 353 ALR 24; [2018] VSCA 170

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside perfected judgments
4. › Fraud
5. › Whether appropriate to bring application within existing proceedings or by fresh action
6. › Whether Court of Appeal should determine issue of fraud
7. › Clone Pty Ltd v Players Pty Ltd (in liq) (2018) 353 ALR 24 applied
1. Practice and Procedure
2. › Appeals
3. › Application to adduce fresh evidence on appeal
4. › Where allegation that judgment procured by fraud
5. › Whether Court of Appeal has jurisdiction to determine fraud allegation
1. Evidence
2. › Standard of proof
3. › Serious allegations
4. › Fraud in civil proceedings
5. › Whether proof commensurate with gravity of allegation required
6. › Evidence Act 2008 (Vic), s 140(2)(c)

Quick Take

A party seeking to set aside a perfected judgment on the ground of fraud must commence a fresh action rather than bring an application within the existing proceedings or before the appellate court. Factual findings as to credit made in separate proceedings, where no allegation of fraud was in issue, are not adequate to establish that earlier judgments were procured by actual fraud.