Relief From Court Sanctions

Supreme Court agrees that applicants must demonstrate a "material change of circumstances" in order for relief from sanctions to be granted following a previous refusal of relief

Thevarajah v Riordan & Ors (2015)

In a rare judgment by the Supreme Court on when courts are entitled to refuse second applications for relief from court sanctions, it clarified that applicants must demonstrate that there has been a material change of circumstances (such as inheritance/liquidation) following the first refusal of relief, in order to succeed on the second application. Merely complying with an unless order, (non-compliance with which led to the first application for relief), is not sufficient to amount to such a material change in circumstances.