Vekaplast K.G. v T.A. Picot (C.I.) Ltd. [1990] JLR 163 (24 July 1990)

Vekaplast K.G. v T.A. Picot (C.I.) Ltd. [1990] JLR 163 (24 July 1990)

A judgment should not be set aside for fraud if the party alleging fraud did not raise the issue at the original hearing and there is no fresh evidence.

Citation
[1990] JLR 163
Parties
Applicant: Vekaplast K. G.; Respondent: T. A. Picot (C. I.) Ltd.
Jurisdiction
Jersey
Judgment Date
24 July 1990
Procedural Posture
Civil / Application to Set Aside Judgment
Outcome
application dismissed
Legal Topics
Setting Aside Judgment, Fraud, Fresh Evidence
Civil Procedure Setting Aside Judgment Fraud Fresh Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Vekaplast K. G.

Applicant

T. A. Picot (C. I.) Ltd.

Respondent

Procedural Posture

Civil / Application to Set Aside Judgment

Legal Issues

  1. 1 Whether a judgment can be set aside for fraud when the party alleging fraud failed to raise the issue during the original hearing and no fresh evidence is available

Ratio Decidendi

A judgment should not be set aside for fraud if the party alleging fraud did not raise the issue at the original hearing and there is no fresh evidence.

Court Disposition

application dismissed