Poniatowska v Channel Seven Sydney Pty Ltd (No 4)

The Full Court of the Supreme Court of South Australia considered an application by Ms Poniatowska to set aside a previous appellate judgment. Ms Poniatowska sought to reopen the Court's reasons for judgment, have the prior orders set aside, and obtain a substituted award of damages for economic loss and aggravated damages. The application was brought under rule 186.1 of the Uniform Civil Rules 2020 (SA) and the Court's inherent jurisdiction.

The legal issues before the Court were whether it possessed the power to set aside its own appellate judgment and, if so, whether the grounds advanced by Ms Poniatowska warranted the exercise of that power. Specifically, the Court had to determine if it had misapprehended material facts or the law in its previous assessment of Ms Poniatowska's qualifications, her prospects of employment in sales or administration, and her earning capacity.

The Court acknowledged the principle that a court may, in exceptional circumstances, review or alter its judgment until it is perfected, particularly if it has proceeded on a misapprehension of fact or law. However, the Court emphasized that this power is discretionary and exercised with regard to the public interest in the finality of litigation. It is not to be used for re-arguing decided matters or as a means for unsuccessful litigants to seek a rehearing due to inadequate presentation of arguments. The Court found that Ms Poniatowska had not established any misapprehension of fact or law on the part of the Court regarding her business management qualifications, her employment prospects in sales or administration, or the assessment of her income level.

The application was dismissed.