Supreme Court of New South Wales – Court of Appeal
‘In an action for fraud, a plaintiff must prove that he was deceived but need not prove that he was diligent.’ Handley JA continued: ‘Where the action seeks the judicial rescission of a judgment, the plaintiff must prove that he and the court were deceived and he can only do this by showing that he has discovered the truth since the trial. Where this is done, and the fresh facts are material, fraud is established. Lord Buckmaster [in Hip Foong Hong v H Neotia and Co [1918] AC 888] said that if fraud was proved the judgment was vitiated, and he can only have meant that nothing else had to be proved apart from fraud. That means there is no need to prove due diligence as well.’
Handley Ja, Heydon Ja and Hodgson Ja
(2002) 54 NSWLR 46, [2002] NSWCA 34, (2002) 36 MVR 159
Australia
Cited by:
Cited – Takhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 21 January 2022; Ref: scu.671564