Recent Cases

Odtojan v Glynn t/as Glynns Lawyers [2023] NSWCA 276 (21 November 2023) (White JA and Basten AJA)


APPEALS – Leave to appeal – Leave to appeal from interlocutory decision striking out applicant’s Amended Statement of Claim with limited liberty to replead – Where Amended Statement of Claim asserted fraud and conspiracy on part of respondent – Where no basis for allegations of fraud and conspiracy– Leave to appeal refused

JUDGMENTS AND ORDERS – Amending, varying and setting aside – Fraud, misrepresentation or suppression of material fact – Effect of collusion on ability to impeach judgment in collateral proceedings – Where applicant denied leave to allege fraud in conduct of Local Court proceedings on basis that that would involve collateral attack on standing judgment – Where applicant also alleged collusion on part of credit provider and lawyers to obtain judgment by fraud – Whether collateral attack possible in circumstances where standing judgment procured by fraudulent collusion as opposed to fraud simpliciter