Karam v Coles Supermarkets Australia Pty Limited [2014] NSWDC 334

Karam v Coles Supermarkets Australia Pty Limited [2014] NSWDC 334

The plaintiff was aware and consented to the settlement, was represented by solicitors, and there was no evidence of irregularity, illegality, or lack of good faith by the defendants; therefore, the requirements of UCPR 36.15(1) for setting aside the judgment were not satisfied.

Parties
Plaintiff: Bassam Karam; First Defendant: Coles Supermarkets Australia Pty Limited; Second Defendant: George Western Foods Limited (CAN 008 429 632)
Jurisdiction
Australia
Judgment Date
31 January 2014
Procedural Posture
Civil / Motion to Set Aside Consent Judgment
Outcome
plaintiff's notice of motion dismissed
Legal Topics
Application to Set Aside Consent Judgment, Self Represented Litigant, Settlement Terms, Future Medical Expenses

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Parties

Bassam Karam

Plaintiff

Coles Supermarkets Australia Pty Limited

First Defendant

George Western Foods Limited (CAN 008 429 632)

Second Defendant

Procedural Posture

Civil / Motion to Set Aside Consent Judgment

  1. 1 Whether the consent judgment should be set aside under UCPR 36.15(1) for irregularity, illegality, or want of good faith

Ratio Decidendi

The plaintiff was aware and consented to the settlement, was represented by solicitors, and there was no evidence of irregularity, illegality, or lack of good faith by the defendants; therefore, the requirements of UCPR 36.15(1) for setting aside the judgment were not satisfied.

Court Disposition

plaintiff's notice of motion dismissed

Orders

  • The plaintiff's notice of motion is dismissed.