Ayoub v The Recyclers

In this case, the court was asked to consider whether it should set aside a judgment obtained by fraud. The plaintiff, Ayoub, had obtained a judgment against the defendant, The Recyclers, but the defendant argued that the judgment should be set aside because it was obtained by fraud. The court was required to decide whether the judgment should be set aside on the basis that the agreement between the parties was made with the intention to disadvantage a litigant. The court found that the agreement was made with the intention to disadvantage a litigant and, therefore, set aside the judgment. The court held that where a party has obtained a judgment by fraud, the court has an inherent jurisdiction to set aside that judgment. The court also held that where an agreement is made with the intention to disadvantage a litigant, it is a fraud on the court and the judgment obtained by such an agreement should be set aside. The court set aside the judgment obtained by the plaintiff against the defendant and ordered that the matter be remitted to the Registrar for further proceedings.