Teoh v Hunters Hill Council [2009] NSWLEC 54

The notices of motion filed by the applicant should be dismissed because an application to set aside a judgment on the ground that it was obtained by fraud must be made in separate proceedings.

Jurisdiction: Australia
Judgment Date: 27 March 2009
Procedural Posture: Motion / Motion to Set Aside Judgment on Ground of Fraud
Outcome: notices of motion dismissed
Legal Topics: ['motion to Set Aside Judgment' 'fraud' 'separate Proceedings Requirement']

['practice and Procedure'] ['motion to Set Aside Judgment' 'fraud' 'separate Proceedings Requirement']

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Procedural Posture

Motion / Motion to Set Aside Judgment on Ground of Fraud

Legal Issues

1 ['Whether the judgment should be reopened or set aside on the ground of fraud' 'Whether separate proceedings are necessary for a fraud allegation']

Ratio Decidendi

The notices of motion filed by the applicant should be dismissed because an application to set aside a judgment on the ground that it was obtained by fraud must be made in separate proceedings.

Court Disposition

notices of motion dismissed

Orders

["Applicant's notices of motion filed on 20 March 2009 and 27 March 2009 dismissed" 'Costs reserved']