Laffer v Michelmore Real Estate Group Pty Ltd [2014] FCA 495

FEDERAL COURT OF AUSTRALIA

Laffer v Michelmore Real Estate Group Pty Ltd [2014] FCA 495 Citation: Laffer v Michelmore Real Estate Group Pty Ltd [2014] FCA 495

Parties: ROBERT PHILLIP LAFFER and RACHEL LAFFER v MICHELMORE REAL ESTATE GROUP PTY LTD (ACN 127 888 279) T/AS MICHELMORE OLLWITZ FIRST NATIONAL MCLAREN VALE, MOHAMMED ANSAAR and JANE KAREN ANSAAR

File number: SAD 65 of 2011

Judge: BESANKO J

Date of judgment: 16 May 2014

Corrigendum: 22 May 2014

Catchwords: PRACTICE AND PROCEDURE – application to set aside judgment – rule 39.05(b) of the Federal Court Rules 2011 (Cth) – implied power of the Court to prevent an abuse of its processes – where judgment entered – where judgment was entered to enforce compromise reached between the parties to settle proceedings – where no allegation of fraud in connection with the compromise – where compromise not challenged – whether applicants misrepresented or failed to disclose a material fact at the time orders were made – no misrepresentation or non-disclosure relevant to the enforcement of the compromise – no misrepresentation or non-disclosure relevant to whether or not judgment was entered. Held: Application dismissed.

Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) r 39.05 Land and Business (Sale and Conveyancing) Act 1994 (SA) s 5

Cases cited: Monroe Schneider Associates (Inc) and Another v No 1 Raberem Pty Ltd and Others (No 2) (1992) 37 FCR 234 Owens Bank Ltd v Bracco [1992] 2 AC 443 Spalla v St George Motor Finance Ltd (ACN 007 656 555) (No 5) [2004] FCA 1262 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534