Foundas v Arambatzis (No 5)

In *Foundas v Arambatzis (No 5)*, the Court of Appeal of the Supreme Court of New South Wales considered an application by the applicant seeking to reopen a final appeal and set aside previous orders on the basis of newly discovered evidence. The respondent sought to have this application dismissed.

The central legal issue before the Court was whether it possessed the power to reopen an appeal and set aside final orders after the appeal had been concluded, specifically on the ground of discovering new evidence. This required the Court to examine the principles governing the finality of judgments and the exceptional circumstances under which such finality might be disturbed.

The Court of Appeal ultimately dismissed the applicant's amended summons seeking leave to appeal. The reasoning applied by the Court centred on the established principles of finality in litigation and the high threshold required to justify reopening concluded appeals. The Court found that the applicant had not met this threshold, and therefore, the application for leave to appeal was refused. The applicant's notice of motion was also dismissed to the extent it had not been previously determined.