Ahmad v Sahore

[2022] ACTCA 40

ACT Court of Appeal27 July 2022

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Interrogate

Catchwords

1. Appeal
2. › Court of Appeal
3. › Powers of Court of Appeal
4. › Setting aside orders of court below
5. › Whether r 1613 of Court Procedures Rules 2006 (ACT) empowers Court of Appeal to set aside order of Supreme Court
6. › Whether invocation of r 1613 in appeal amounts to abuse of process
7. › Court Procedures Rules 2006 (ACT), rr 1613, 5001
1. Appeal
2. › Court of Appeal
3. › Parties to appeal
4. › Joinder of parties not party to proceedings below
5. › Whether formal joinder order required before party named as respondent
6. › Court Procedures Rules 2006 (ACT), r 5404
1. Practice and Procedure
2. › Abuse of process
3. › Strike out of appeal ground
4. › Appeal from consent orders
5. › Ground invoking power not available to appellate court

Quick Take

Rule 1613 of the Court Procedures Rules 2006 (ACT) empowers a court to control its own orders only; it does not provide the Court of Appeal with power to set aside orders of the Supreme Court when not constituted as the Court of Appeal. An application to set aside consent orders on the ground of fraud must be made to the court that made the orders. Invoking r 1613 in an appeal to the Court of Appeal for this purpose is an abuse of process. A person not a party to proceedings below cannot be named as a respondent to an appeal without a formal joinder order.