Samootin v Shea & Ors [2005] NSWCA 398

Samootin v Shea & Ors [2005] NSWCA 398

No substantial new ground or circumstance was shown; the alleged fresh evidence was available at first instance and would not lead to a different result. Reopening the application for leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
17 November 2005
Procedural Posture
Application for Leave to Appeal / Application to Reopen Dismissed Application for Leave to Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
['leave to Appeal' 'reopening Applications' 'fresh Evidence' 'fraud']
['civil Procedure'] ['leave to Appeal' 'reopening Applications' 'fresh Evidence' 'fraud']

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 / Application to Reopen Dismissed Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the case should be reopened for fresh evidence of fraud' 'Whether fresh evidence would lead to a different result']

Ratio Decidendi

No substantial new ground or circumstance was shown; the alleged fresh evidence was available at first instance and would not lead to a different result. Reopening the application for leave to appeal was refused.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['Notice of motion dismissed with costs.']