Cachia v Walker

The applicant, Mr. Cachia, sought to reopen an appeal that had already been determined and orders entered against him in the Court of Appeal of New South Wales. The respondent was Mr. Walker. The dispute concerned the finalisation of the appeal proceedings.

The primary legal issue before the Court of Appeal was whether it had the power to reopen an appeal after orders had been entered, particularly in circumstances where no question of principle was involved.

The Court of Appeal held that it did not have the power to reopen the appeal. Their Honours reasoned that once orders have been entered, the appeal is concluded, and the court's jurisdiction in relation to that appeal is exhausted. The court distinguished this situation from cases where there might be a slip rule or where the court retains some residual jurisdiction, noting that the present application did not raise any such exceptional circumstances or questions of principle that would warrant interference with the finality of the orders.

The application was dismissed with costs.