Russell Gould Pty Ltd v Ramangkura (No 2)

Russell Gould Pty Ltd (the appellant) sought to re-open a previous decision of the court, contending that a specific issue had not been decided and that it was necessary for the court to determine whether Mr Gould possessed the relevant authority of the appellant. The appeal was heard by Bathurst CJ, Barrett and Ward JJA.

The primary legal issue before the court was whether the appellant had established sufficient grounds to warrant re-opening the previous orders. This involved considering whether the perceived failure to decide a particular issue constituted a material error or oversight that justified revisiting the concluded matter, and crucially, whether Mr Gould had the requisite authority to act on behalf of the appellant in the proceedings.

The Court granted leave to the appellant to re-open the matter. It then confirmed the orders that had been made on 9 September 2014. No order was made as to costs in respect of the appellant’s notice of motion filed on 24 September 2014.