Industry Funds Management (Nominees 2) Pty Limited v James Nicholas Panagopoulos and Anor [2013] NSWSC 868

Industry Funds Management (Nominees 2) Pty Limited v James Nicholas Panagopoulos and Anor [2013] NSWSC 868

The defendants have not established that the consent judgments were procured 'against good faith.' The evidence does not support any binding promise or inducement by the plaintiff to meet or treat the defendants favourably if they consented to judgment. The factual findings support the existence only of aspirations or proposals initiated by Mr Panagopoulos, not of any agreement or promises by the bank or its solicitors. There is no unconscionable, misleading or dishonourable conduct by the plaintiff warranting the exceptional step of setting aside the consent judgments under r 36.15, nor basis for exercise of the inherent jurisdiction.

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Motion to Set Aside Consent Judgments / Post Judgment Motion
Outcome
Defendants' motion dismissed
Legal Topics
['consent Judgments' 'good Faith' 'setting Aside Judgments' 'evidence' 'cross Examination']
['civil Procedure' 'equity'] ['consent Judgments' 'good Faith' 'setting Aside Judgments' 'evidence' 'cross Examination']

Case Brief

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Procedural Posture

Motion to Set Aside Consent Judgments / Post Judgment Motion

Legal Issues

  1. 1 ["Whether consent judgments were procured 'against good faith' under UCPR r 36.15" 'Whether consent judgments should be set aside' 'Whether the rule in Browne v Dunn was complied with in cross-examination']

Ratio Decidendi

The defendants have not established that the consent judgments were procured 'against good faith.' The evidence does not support any binding promise or inducement by the plaintiff to meet or treat the defendants favourably if they consented to judgment. The factual findings support the existence only of aspirations or proposals initiated by Mr Panagopoulos, not of any agreement or promises by the bank or its solicitors. There is no unconscionable, misleading or dishonourable conduct by the plaintiff warranting the exceptional step of setting aside the consent judgments under r 36.15, nor basis for exercise of the inherent jurisdiction.

Court Disposition

Defendants' motion dismissed

Orders

  • ["Defendants' motion to set aside consent judgments is dismissed." "Defendants to pay the plaintiff's cost of the motion."]