McGinn v Inner West Council

In *McGinn v Inner West Council*, the Court of Appeal of New South Wales considered a notice of motion seeking to set aside a previous judgment of the Court on the grounds of fraud. The applicant, McGinn, sought to have the Court's earlier decision overturned, alleging that fraud had occurred.

The central legal issue before the Court was whether there was sufficient new evidence presented by the applicant to warrant setting aside the existing judgment on the basis of fraud. This required the Court to assess the nature and impact of the alleged new evidence in light of the established legal principles governing the setting aside of judgments for fraud.

The Court of Appeal ultimately dismissed the notice of motion. The reasoning applied by the Court focused on the high threshold required to set aside a final judgment for fraud, particularly when the alleged fraud was not discovered until after the original proceedings had concluded. The Court found that the evidence presented by the applicant did not meet this stringent test, and therefore, the existing judgment would stand. The notice of motion was dismissed with costs.