Forge & Ors v Australian Securities & Investments Commission [No 2] [2007] NSWCA 42

Forge & Ors v Australian Securities & Investments Commission [No 2] [2007] NSWCA 42

The notice of motion was incompetent because the operative order for a rehearing limited to penalty was the High Court's order, not the Court of Appeal's order. In any event, the limited scope of the rehearing was res judicata because the decisions refusing to set aside the liability judgment were final.

Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Notice of Motion in Court of Appeal Proceedings / Determination on the Papers of Application to Set Aside Final Judgment and Direct Rehearing De Novo After Dismissal of Further Appeal by the High Court
Outcome
Notice of motion dismissed.
Legal Topics
['res Judicata' 'appellate Orders' 'limited New Trial' 'final and Interlocutory Orders']
['civil Procedure' 'judgments and Orders'] ['res Judicata' 'appellate Orders' 'limited New Trial' 'final and Interlocutory Orders']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion in Court of Appeal Proceedings / Determination on the Papers of Application to Set Aside Final Judgment and Direct Rehearing De Novo After Dismissal of Further Appeal by the High Court

Legal Issues

  1. 1 ['Whether the Court of Appeal could vary its December 2004 order after the High Court dismissed the further appeal.' 'Whether the order remitting the proceedings for hearing on penalty only was final or interlocutory.' 'Whether the application for a general rehearing was barred by res judicata.']

Ratio Decidendi

The notice of motion was incompetent because the operative order for a rehearing limited to penalty was the High Court's order, not the Court of Appeal's order. In any event, the limited scope of the rehearing was res judicata because the decisions refusing to set aside the liability judgment were final.

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion is dismissed.' 'Parties to file submissions in respect of the claim for indemnity costs.']