NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Provident Capital Limited (receivers and managers appointed) (in liquidation) v Andrew Boyd French [2015] NSWSC 1827 Hearing dates: 12, 19, 20 November 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Equity Before: Sackar J Decision: See [103]-[104] Catchwords: PRACTICE AND PROCEDURE – consent judgment – setting aside consent judgment – grounds for setting consent judgment aside – irregularity, illegality or lack of good faith – circumstances in which consent judgment was entered – conduct of the parties Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Coles v Burke (1987) 10 NSWLR 429 Industry Funds Management (Nominees 2) Pty Ltd v Panagopolous [2013] NSWSC 868 Kendell v Carnegie (2006) 68 NSWLR 193 McDonald v McDonald (1965) 113 CLR 529 Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2) (2009) 78 NSWLR 190 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Weber v Aquaqueen International Pty Ltd [2013] NSWSC 1181 Texts Cited: N/A Category: Principal judgment Parties: Provident Capital Limited (receivers and managers appointed) (in liq) (ACN 082735573) – plaintiff
Andrew Boyd French – defendant Representation: Counsel: J Hynes (12 November 2015), S Ipp (19-20 November 2015) - plaintiff Self-represented - defendant
Solicitors: File Number(s): 2014/101136 Publication restriction: N/A
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