Foundas v Arambatzis (No. 5)

(2022) 109 NSWLR 73; [2022] NSWCA 113

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Reopening final orders
4. › Whether court has power to reopen appeal after entry of final orders
5. › Discovery of new evidence
6. › Whether former Chancery jurisdiction on bill of review survived statutory appellate provisions
7. › Supreme Court Act 1970 (NSW), ss 75A, 101
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside entered orders
4. › Finality of orders after entry
5. › Whether inherent jurisdiction to set aside entered orders on ground of new evidence
6. › Distinction between fraud and new evidence as grounds for setting aside

Quick Take

Newly discovered evidence cannot be used to challenge entered final orders of the Court of Appeal; the Court of Appeal has no power to reopen the appeal, and such challenges must instead be brought as fresh proceedings in the Equity Division alleging fraud.