Black v Walker [2007] NSWSC 543

Black v Walker [2007] NSWSC 543

The plaintiff discharged the onus of showing entitlement to have the Local Court decision set aside because he put forward fresh, probative evidence which, if accepted, was capable of establishing perjury by the defendant in the detinue proceedings and of producing a different result in that claim.

Jurisdiction
Australia
Judgment Date
31 May 2007
Procedural Posture
Summons in the Supreme Court Seeking to Set Aside a Local Court Detinue Judgment Alleged to Have Been Procured by Perjury / Hearing of Summons
Outcome
Local Court judgment and orders set aside; proceedings remitted to the Local Court at Kogarah for retrial according to law; defendant ordered to pay the plaintiff's costs.
Legal Topics
['setting Aside Judgment Procured by Perjury' 'fresh Evidence' 'transfer From Local Court to Supreme Court' 'remittal for Retrial' 'service of Process']
['civil Procedure' 'evidence' 'fraud' 'detinue'] ['setting Aside Judgment Procured by Perjury' 'fresh Evidence' 'transfer From Local Court to Supreme Court' 'remittal for Retrial' 'service of Process']

Case Brief

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Procedural Posture

Summons in the Supreme Court Seeking to Set Aside a Local Court Detinue Judgment Alleged to Have Been Procured by Perjury / Hearing of Summons

Legal Issues

  1. 1 ['Whether the Local Court judgment in the detinue proceedings should be set aside on the ground that it was procured by perjury by the successful party.' 'Whether the plaintiff had adduced fresh probative evidence capable of producing a different result in the detinue proceedings.' 'Whether the detinue proceedings should be transferred to the Supreme Court and remitted to the Local Court for retrial.']

Ratio Decidendi

The plaintiff discharged the onus of showing entitlement to have the Local Court decision set aside because he put forward fresh, probative evidence which, if accepted, was capable of establishing perjury by the defendant in the detinue proceedings and of producing a different result in that claim.

Court Disposition

Local Court judgment and orders set aside; proceedings remitted to the Local Court at Kogarah for retrial according to law; defendant ordered to pay the plaintiff's costs.

Orders

  • ['Order that proceedings No 558 of 1996 in the Local Court of New South Wales at Kogarah be transferred to the Supreme Court of New South Wales pursuant to the Civil Procedure Act 2005 (NSW), section 140.' 'Order, pursuant to UCPR Part 10 Rule 10.14(3), that the Summons herein filed 6 December 2006 and the Affidavit...