CAMERON v QANTAS AIRWAYS LTD [2009] NSWCA 339

New South Wales Court of Appeal

CITATION: CAMERON v QANTAS AIRWAYS LTD [2009] NSWCA 339

HEARING DATE(S): 14 October 2009

JUDGMENT DATE: 14 October 2009

JUDGMENT OF: Basten JA at 1; Macfarlan JA at 1

EX TEMPORE JUDGMENT DATE: 14 October 2009

(1) By consent:

(i) allow the appeal; (ii) set aside the judgment and orders of the District Court; DECISION: (iii) remit the matter to the District Court.

(2) Respondent to pay the legal disbursements of the applicant in this Court.

(3) Refer the applicant to the Registrar for referral to a lawyer on the Pro Bono Panel for advice and assistance in preparing for any further proceedings in relation to the consent judgment in the District Court.

CATCHWORDS: APPEAL – application for leave to appeal – proposed appeal from dismissal of motion to set aside consent judgment – motion heard by trial judge – rejection of applicant's evidence not subject of cross-examination – no express credibility finding - PROCEDURE – challenge to consent judgment – allegation of duress or unde influence in relation to settlement agreement – whether proper procedure required separate proceeding – whether notice of motion appropriate

LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW), Pt 36, r 15

Across Australia Finance Pty Ltd v Bassenger [2008] NSWSC 799 CASES CITED: Cameron v Qantas Airways Limited [2008] NSWCA 275 Logwon Pty Limited v Warringah Shire Council (1993) 33 NSWLR 13 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691

PARTIES: Rita Cameron – Applicant Qantas Airways Ltd - Respondent