Dr Ghosh v Baycorp Collections PDL Aust Pty Ltd [2014] NSWSC 1727

Dr Ghosh v Baycorp Collections PDL Aust Pty Ltd [2014] NSWSC 1727

The consent orders made were contrary to the express and unchallenged instructions of Dr Ghosh, and her counsel did not have authority to compromise or consent to the orders; an irregularity has thereby been established, and it is just to set aside the consent orders and grant leave to amend the summons.

Parties
Plaintiff: Dr Ratna Ghosh; Defendant: Baycorp Collections PDL Aust Pty Ltd
Jurisdiction
Australia
Judgment Date
04 December 2014
Procedural Posture
Notice of Motion (setting Aside Consent Orders) / Interlocutory Application; Determination on Notice of Motion
Outcome
Consent orders of 21 August 2014 set aside. Costs thrown away to defendant. Leave to amend granted. Procedural directions given.
Legal Topics
Setting Aside Consent Orders, Authority of Counsel, Irregularity of Judgment, Leave to Amend Pleadings
Civil Procedure Setting Aside Consent Orders Authority of Counsel Irregularity of Judgment Leave to Amend Pleadings

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Parties

Dr Ratna Ghosh

Plaintiff

Baycorp Collections PDL Aust Pty Ltd

Defendant

Procedural Posture

Notice of Motion (setting Aside Consent Orders) / Interlocutory Application; Determination on Notice of Motion

Legal Issues

  1. 1 Whether consent orders made by Hidden J should be set aside for irregularity due to lack of instructions from Dr Ghosh to her counsel.
  2. 2 Whether Dr Ghosh's counsel had actual or ostensible authority to enter into consent orders dismissing her appeal.
  3. 3 Whether leave should be granted to Dr Ghosh to further amend her summons.

Ratio Decidendi

The consent orders made were contrary to the express and unchallenged instructions of Dr Ghosh, and her counsel did not have authority to compromise or consent to the orders; an irregularity has thereby been established, and it is just to set aside the consent orders and grant leave to amend the summons.

Court Disposition

Consent orders of 21 August 2014 set aside. Costs thrown away to defendant. Leave to amend granted. Procedural directions given.

Orders

  • The orders made by Hidden J by consent on 21 August 2014 are set aside.
  • Dr Ghosh is to bear the defendant's costs thrown away as the result of the leave to further amend her summons.