The High Court has dismissed an application by the first respondent, Sahab Holdings Pty Ltd, to reconsider its reasons for judgment issued on 10 April 2013, in which a unanimous Court allowed Castle Constructions Pty Ltd’s appeal. In general terms, the Court may reconsider or recall orders made against a party if it agrees that, through no fault of that party’s own, the party has not had an opportunity to be heard on why those orders should not be made. Sahab contended that the Court had misapprehended several matters about Sahab’s submissions and the state of the law, and therefore that Sahab had not been adequately heard and the case should be reopened for further hearing. Each of the alleged misapprehensions were rejected by the Court, which stated that the submissions showed only that Sahab disagreed with the Court’s conclusions in the April judgment.
High Court Judgments | [2013] HCA 44 | 30 October 2013 |
[2013] HCA 11 | 10 April 2013 | |
Result | Appeal allowed, application to reconsider the decision dismissed | |
High Court Documents | Castle Constructions | |
Full Court Hearing | [2013] HCATrans 5 | 6 February 2013 |
Special Leave Hearing | [2012] HCATrans 223 | 7 September 2012 |
Appeal from NSWCA | [2012] NSWCA 72 | 5 April 2012 |
Trial Judgments NSWSC | [2010] NSWSC 403 | 5 May 2010 |
[2010] NSWSC 162 | 8 March 2010 | |
[2009] NSWSC 1143 | 26 October 2009 |