Teoh v Hunters Hill Council (No 5)

In *Teoh v Hunters Hill Council (No 5)*, the applicant, Mr Teoh, sought leave to appeal against a decision of the primary judge. The respondent was Hunters Hill Council. The dispute concerned a prior judgment of the court. The application for leave to appeal was heard by the Court of Appeal of New South Wales, comprising Allsop P, Beazley JA, and Handley AJA.

The Court was required to determine whether to grant the applicant leave to appeal, particularly in circumstances where this was the fourth application for leave to appeal in the same matter. A further issue arose concerning an application to set aside a judgment on the grounds of fraud, and how such an application should be brought.

The Court summarily dismissed the notice of motion for leave to appeal. It reasoned that there had been no change in circumstances or fresh argument presented that would justify a further appeal, especially given the history of previous unsuccessful applications. The Court also indicated that any application to set aside a judgment on the grounds of fraud should be brought in separate proceedings, rather than as part of an application for leave to appeal.

The notice of motion of 1 November 2011 was summarily dismissed.