Heaney Enterprises Pty Ltd v Just Cuts Franchising Pty Ltd

[2018] VSCA 25

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Proposed ground of appeal alleging judgment procured by fraud
4. › Whether appropriate for Court of Appeal to determine issue of fraud
5. › Remittal to trial court
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside judgment for fraud
4. › Nature of proceeding to set aside judgment on ground of fraud
5. › Standard of proof
6. › Requirement for specificity of pleading
7. › Independent proceeding or application for new trial

Quick Take

Where a ground of appeal alleges that a judgment was procured by fraud, the Victorian Court of Appeal will remit the fraud issue to the trial court for hearing and determination rather than embarking on the inquiry itself, as the issue may require oral evidence and cross-examination. The fraud issue should be determined before any other grounds of appeal are heard.