Full Court Minute Books

Case A22/2017

Clone Pty Ltd v. Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) & Ors

Case No.

A22/2017 and A23/2017

Case Information

Lower Court Judgment

8/12/2016 Supreme Court of South Australia (Blue J, Stanley J, Debelle AuJ)

[2016] SASCFC 134


Procedure – Jurisdiction to set aside judgment – Whether power of Supreme Court to set aside perfected orders in its equitable jurisdiction extends to malpractice not amounting to fraud – Where document lodged by first respondent was contained in files of fifth respondent – Where primary judge found that appellant’s legal advisers engaged in “serious malpractice” by recklessly failing to discover document – Where primary judge found that first respondent failed to exercise reasonable diligence in searching for document – Where primary judge ordered new trial on basis that there was “real possibility” that issue would have been decided differently – Whether Court of Appeal erred in formulation and application of principles that inform jurisdiction to set aside perfected judgment on ground of malpractice for failure to disclosure document.


16/06/2017 Hearing (SLA, Melbourne v/link Adelaide)

29/06/2017 Notice of appeal

06/07/2017 Submitting appearance (Fifth Respondent)

21/07/2017 Written submissions (Appellant)

21/07/2017 Chronology (Appellant)

21/07/2017 Written submissions (Sixth Respondent)

11/08/2017 Written submissions (First to Fourth Respondents)

23/08/2017 Reply

13/12/2017 Hearing (Full Court, Canberra)

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