BAR-MORDECAI v ROTMAN & ORS [2003] NSWCA 53

No grounds were shown to permit the Court of Appeal to set aside or reopen its final order; the principle of finality applies following entry of judgment.

Jurisdiction: Australia
Judgment Date: 25 March 2003
Procedural Posture: Application to Reopen Appeal / Determination of Notice of Motion
Outcome: Notice of motion dismissed with costs
Legal Topics: ['reopening of Final Orders' 'principle of Finality']

['civil Procedure'] ['reopening of Final Orders' 'principle of Finality']

Case Brief

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

Procedural Posture

Application to Reopen Appeal / Determination of Notice of Motion

Legal Issues

1 ['Whether the Court of Appeal can reopen proceedings finally determined and entered.' 'Whether new evidence or procedural fairness requires the setting aside of a final order.']

Ratio Decidendi

No grounds were shown to permit the Court of Appeal to set aside or reopen its final order; the principle of finality applies following entry of judgment.

Court Disposition

Notice of motion dismissed with costs

Orders

['Notice of motion dismissed with costs']