El Kateb v Lawindi

In *El Kateb v Lawindi*, the applicant sought leave to appeal a decision of a single judge of the Federal Court of Australia. The underlying dispute concerned an action brought by the applicant to set aside a previous judgment on the grounds of fraud.

The primary legal issue before the Full Court of the Federal Court was whether the applicant had demonstrated an arguable case of fraud sufficient to warrant setting aside the earlier judgment, and consequently, whether leave to appeal the dismissal of that action should be granted.

The Full Court considered the stringent requirements for setting aside a judgment based on fraud, particularly the need for fresh evidence that was not discoverable by reasonable diligence at the time of the original trial and that would have had a material effect on the outcome. The Court found that the applicant had failed to meet this high threshold, concluding that no arguable case of fraud had been established.

Accordingly, the Full Court refused leave to appeal and dismissed the summons.