EL KATEB v. LAWINDI [2001] NSWCA 170

EL KATEB v. LAWINDI [2001] NSWCA 170

Dr El Kateb failed to establish that the judgment was procured by fraud, and there was no basis under Supreme Court Rules Pt 40 r 9 to set aside the judgment; findings of fact and credibility were upheld on appeal.

Jurisdiction
Australia
Judgment Date
04 June 2001
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Refused
Outcome
Leave to appeal refused; summons dismissed with costs
Legal Topics
['judgments' 'setting Aside Judgments' 'fraud' 'appeals']
['civil Procedure'] ['judgments' 'setting Aside Judgments' 'fraud' 'appeals']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Refused

Legal Issues

  1. 1 ['Whether the judgment entered by Einstein J was procured by fraud' 'Whether the judgment should be set aside pursuant to Supreme Court Rules Pt 40 r 9(2)(b)']

Ratio Decidendi

Dr El Kateb failed to establish that the judgment was procured by fraud, and there was no basis under Supreme Court Rules Pt 40 r 9 to set aside the judgment; findings of fact and credibility were upheld on appeal.

Court Disposition

Leave to appeal refused; summons dismissed with costs

Orders

  • ['Leave to appeal refused' 'Summons dismissed with costs']