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Supreme Court dismisses appeal from High Court, and affirms decision to strike out a claim to set aside orders of 2003 and 2004 refusing judicial review of a decision by a tribunal of inquiry concerning the scope of the evidence in its examination, on the grounds that: (a) in order to set aside a prior ruling on grounds of fraud, a plaintiff must establish deliberate and purposeful dishonesty, rather than mere recklessness as to falsity; (b) the plaintiff had failed to establish that the alleged fraud fundamentally affected the orders he sought to impugn; and (c) while a prior order could be set aside for breach of fair procedures by the court making the order, it could not be set aside for breach of fair procedures by another party.
McKechnie J (nem diss): Claim to set aside orders dating back to 2003 and 2004 - application to strike out proceedings - 2004 decision to refuse judicial review of tribunal of enquiry - whether earlier decision obtained by fraud - level of fraud required to set aside decision of court - whether actual and deliberate fraud required - whether alleged fraud was sole basis for court's decision - whether a breach of fair procedures - whether alleged breach of fair procedures was by the decision maker or by the other party to the proceedings.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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