Wilcox v Richardson

Wilcox v Richardson concerned an application by way of notice of motion to set aside a judgment of the Court of Appeal for illegality. The parties to the application were Wilcox, the applicant, and Richardson, the respondent.

The central legal issue before the Court of Appeal was whether it possessed the power to set aside a judgment that had already been entered and taken out, on the grounds of illegality.

The Court of Appeal dismissed the notice of motion. The judges reasoned that once a judgment has been entered and taken out, the court's power to set it aside is generally limited to cases of fraud or where the judgment is a nullity. The court found that the alleged illegality did not fall within these exceptions, and therefore, the judgment stood.

The notice of motion was dismissed with costs.