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.

Short particulars


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) (Audio-visual recording)

21/03/2018 Judgment (Judgment summary)