A COURT SETS ASIDE AN ORDER MADE WITHOUT NOTICE: ANOTHER CASE THAT EMPHASISES THE IMPORTANCE OF FAIR PRESENTATION AT THESE APPLICATIONS: A LAWYER CANNOT SIMPLY PROMOTE A “CONSPIRACY THEORY” BUT MOST ACT OBJECTIVELY AND CAREFULLY

We have looked many times at cases where "without notice" applications have come under fire. In particular in relation to arguments that the applicants have failed in their duty of full and frank disclosure to the court.   We see that argument being successfully applied here.  The judge was clear in...