Euromark Limited v Smash Enterprises Pty Ltd (in liq) [No 2]

[2024] VSCA 152

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside perfected orders
4. › Power of Court of Appeal to set aside its own perfected orders
5. › Whether court has inherent power to reopen case in 'exceptional circumstances'
6. › Whether power to set aside perfected orders extends beyond recognised grounds of fraud, clerical mistake, or supplemental orders
1. Practice and Procedure
2. › Judgments and orders
3. › Finality of litigation
4. › Application to reopen proceedings after final disposition
5. › Whether unexpected consequences of perfected orders justify reopening
1. Corporations
2. › Winding up
3. › Proof of debts
4. › Whether costs order made after commencement of liquidation constitutes provable debt
5. › Corporations Act 2001 (Cth), s 553

Quick Take

Intermediate appellate courts cannot reopen perfected orders merely because subsequent events (such as a party's liquidation) render the orders disadvantageous; the recognised grounds for setting aside perfected orders (fraud, clerical mistake, supplemental orders) are exhaustive.