NSW Caselaw
New South Wales Supreme Court
CITATION : Across Australia Finance v Bassenger [2008] NSWSC 799
HEARING DATE(S) : 23/07/08
JUDGMENT DATE : 24 July 2008
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 24 July 2008
DECISION : See paras 83 to 86 and paras 92 and 93 of judgment.
CATCHWORDS : JUDGMENTS AND ORDERS – amending, varying or setting aside orders – consent orders – whether consent orders were irregularly obtained – no irregularity where legal practitioner had ostensible authority to bind client – whether contract embodied in compromise could be set aside – applicant in substance a surety for an onerous loan – independent legal advice – applicant understood her obligations and the nature of the loan – contract could not be set aside – whether Court should nevertheless decline to give effect to compromise in the interests of justice – no defence available to answer the plaintiff's claim – orders not set aside - LEGAL PRACTITIONERS – authority – compromise of litigation – legal practitioners have authority to compromise litigation in the ordinary case
Contracts Review Act 1980 (NSW) LEGISLATION CITED : Real Property Act 1900 (NSW) Conveyancing Act 1919 (NSW) Civil Procedure Act 2005 (NSW)
King Investment Solutions Pty Ltd v Hussain [2005] NSWSC 1076; [2006] ANZ ConvR 48 Ainsworth v Wilding [1905] 1 Ch 435 Phillips v Walsh (1990) 20 NSWLR 206 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Permanent Trustee Co (Canberra) Ltd v Stocks & Holdings (Canberra) Pty Ltd (1976) 15 ACTR 45; 28 FLR 195 Logwon Pty Limited v Warringah Shire Council (1993) 33 NSWLR 13 CASES CITED : Harvey v Phillips (1956) 95 CLR 235 Equiticorp Financial Services Ltd (NSW) v Equiticorp Financial Services Ltd (NZ) (1992) 29 NSWLR 260 Equiticorp Finance Limited (in liq) v Bank of New Zealand (1993) 32 NSWLR 50 Starceavich v Swart & Associates Pty Ltd [2006] NSWSC 960; (2006) 12 BPR 23,639 Donellan v Watson (1990) 21 NSWLR 335 Prestwich v Poley (1865) 18 CB (NS) 806; 144 ER 662 Waugh v H B Clifford & Sons Ltd [1982] Ch 374
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