Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed)Citation:[2018] HCA 12Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman JJDate:21 Mar 2018Case Number:A22/2017, A23/2017Read more

Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed)Citation:[2018] HCA 12Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman JJDate:21 Mar 2018Case Number:A22/2017, A23/2017Read more

The court held that its equitable power to set aside a perfected judgment extends to cases of malpractice not amounting to fraud, and that the exercise of this power is not conditional upon the unsuccessful party having exercised reasonable diligence to discover the malpractice.

Parties
Applicant: Unknown Applicant; Respondent: Unknown Respondent
Jurisdiction
Australia
Judgment Date
21 March 2018
Procedural Posture
Equity / Judgment
Outcome
Judgment set aside
Legal Topics
Setting Aside Perfected Judgment, Malpractice Not Amounting to Fraud, Equitable Power, Rescission of Judgment
Equity Civil Procedure Setting Aside Perfected Judgment Malpractice Not Amounting to Fraud Equitable Power Rescission of Judgment

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Parties

Unknown Applicant

Applicant

Unknown Respondent

Respondent

Procedural Posture

Equity / Judgment

Legal Issues

  1. 1 Whether the court's equitable power to set aside a perfected judgment extends to malpractice not amounting to fraud
  2. 2 Whether the power to set aside a perfected judgment is conditional upon the unsuccessful party having exercised reasonable diligence to discover fraud or malpractice
  3. 3 Whether the proper course is application in the original proceeding or a fresh action

Ratio Decidendi

The court held that its equitable power to set aside a perfected judgment extends to cases of malpractice not amounting to fraud, and that the exercise of this power is not conditional upon the unsuccessful party having exercised reasonable diligence to discover the malpractice.

Court Disposition

Judgment set aside

Orders

  • Perfected judgment set aside for malpractice
  • No requirement for proof of fraud or reasonable diligence