Bhagat v Smith

Bhagat v Smith concerned an action brought by Bhagat seeking to set aside an interlocutory order previously made by the court. The dispute arose from allegations of fraud in relation to the obtaining of that earlier order. The matter was heard on appeal before Handley and Sheller JJA.

The primary legal issue before the Court of Appeal was whether it had the power to set aside an interlocutory order on the grounds of fraud, and if so, under what circumstances such power could be exercised. This involved considering the finality of interlocutory orders and the exceptions to that finality.

The Court of Appeal affirmed that it possessed the power to set aside an interlocutory order obtained by fraud. However, it held that such power should be exercised with caution and only in clear cases. The Court reasoned that while interlocutory orders are generally final, the court retains an inherent jurisdiction to prevent abuse of process and to ensure justice is done, particularly where fraud is established. The Court found that the evidence presented by Bhagat did not sufficiently demonstrate fraud to warrant setting aside the interlocutory order.

Consequently, the summons for leave to appeal was dismissed with costs.