Young v King [2016] NSWCA 282

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v King [2016] NSWCA 282 Hearing dates: 21 and 22 June 2016 Decision date: 19 October 2016 Before: Basten JA at [1]; Gleeson JA at [26]; Emmett AJA at [27] Decision: 1. Summons seeking leave in proceedings 2015/229797 be dismissed with costs. 2. Appeal in proceedings 2015/229805 be dismissed with costs. 3. Summons seeking leave in proceedings 2016/76373 be dismissed as against the first and second respondents with costs. 4. Summons seeking leave in proceedings 2016/76351 be dismissed as against the first and second respondents with costs. Catchwords: PRACTICE AND PROCEDURE – Application for leave to appeal against unsuccessful application under UCPR, r 36.15(1) to set aside consent orders made in Land and Environment Court – undertaking given to construct a retaining wall and install drainage works in accordance with an agreed "solution" formulated by the parties' respective experts – applicant became dissatisfied with the agreed "solution" – circumstances in which final consent orders may be set aside – whether the Court was misled as to the purport of the solution – whether a party and her agents were mistaken as to the purport of the solution – whether there had been fraud – alleged failure by primary judge to give adequate reasons for rejecting fraud allegations – whether Briginshaw principles for civil allegations of fraud correctly applied – whether primary judge erred in exercise of discretion in excluding evidence of important witnesses – whether primary judge's reasons disclosed reasonable apprehension of bias