COHEN v BELGRAVE INDUSTRIES PTY LTD [1993] NSWCA 65
Applicant's defence has already been adjudicated on the merits; applicant cannot continue efforts to litigate an issue considered closed by law. Orders restraining further proceedings are appropriate.
- Parties
- Applicant: Cohen; Respondent: Belgrave Industries Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 02 July 1993
- Procedural Posture
- Application / Appeal
- Outcome
- dismissed with costs
- Legal Topics
- Setting Aside Judgments, Abuse of Process
Case Brief
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Parties
Cohen
Applicant
Belgrave Industries Pty Ltd
Respondent
Procedural Posture
Application / Appeal
Legal Issues
- 1 Whether the applicant may have the prior orders restraining proceedings to set aside judgment overturned
- 2 Whether the applicant's defence has been adjudicated on its merits
Ratio Decidendi
Applicant's defence has already been adjudicated on the merits; applicant cannot continue efforts to litigate an issue considered closed by law. Orders restraining further proceedings are appropriate.
Court Disposition
dismissed with costs
Orders
- Applicant's proceedings dismissed with costs
Full Case Text
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