Castle Constructions Pty Ltd v Sahab Holdings Pty Ltd

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