Dimarti v Dimarti [2015] NSWSC 97

Supreme Court New South Wales

Medium Neutral Citation: Dimarti v Dimarti [2015] NSWSC 97 Hearing dates: 9 and 10 February 2015 Date of orders: 20 February 2015 Decision date: 20 February 2015 Jurisdiction: Equity Division Before: Lindsay J Decision: Order that the defendant's motion to set aside an agreement for compromise, and consent orders, be dismissed. Catchwords: CONTRACT – General contractual principles – Compromise agreement – Consent orders – Application to set aside – Neither agreement nor orders attended by irregularity, illegality or bad faith – No unconscionable conduct – No unjust contract – Fully informed consent given to agreement and orders – Application dismissed.

JUDGMENTS AND ORDERS – Consent orders – Application to set aside – Orders not attended by irregularity, illegality or bad faith – Application dismissed.

PRACTICE – Procedure – Judgments and orders – Amending, varying and setting aside – Consent orders – Compromise agreement – Civil Procedure Act 2005 NSW, s 73 – Uniform Civil Procedure Rules 2005 NSW, r 36.15(1). Legislation Cited: Civil Procedure Act 2005 NSW Competition and Consumer Act 2010 (Cth) Schedule 2 Contracts Review Act 1980 NSW Conveyancing Act 1919 NSW Evidence Act 1995 NSW, s 136 Uniform Civil Procedure Rules 2005 NSW, r 36.15 (1) Australian Consumer Law, ss 20, 21 and 22 Cases Cited: Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 at 459-461 Forgead v Shanahan (1994) 35 NSWLR 206 Perpetual Trustee Company Ltd v Khoshaba [2006] NSWCA 41 at [76] and [106]-[109] Philips v Walsh (1990) 20 NSWLR 206 at 209F and 210C-F West v AGC (Advances) Ltd (1986) 5 NSWLR 610 at 620 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff/Respondent: Dimarti, Carmelo Defendant/Applicant: Dimarti, Antonio Representation: Counsel: Plaintiff/Respondent: J Kelly SC Defendant/Applicant: P Newton