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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
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