Prodanovich v Mukherjee [2013] NSWSC 1833

Prodanovich v Mukherjee [2013] NSWSC 1833

The consent judgment in favour of the Second Defendant was irregularly entered without consultation with the First Defendant; it should be set aside. The Plaintiff is responsible for the error and must pay the First Defendant's costs of the motion.

Parties
Plaintiff: Dragoljub Prodanovich; First Defendant: Gopal Mukherjee; Second Defendant: Dharmesh Shah; Third Defendant: Ozzie Health Pty Ltd
Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Interlocutory Application / Motion to Set Aside Judgment
Outcome
The judgment in favour of the Second Defendant is set aside; Plaintiff must pay the First Defendant's costs of the motion.
Legal Topics
Setting Aside Judgment, Consent Judgment, Irregular Judgment Entry, Costs
Common Law Setting Aside Judgment Consent Judgment Irregular Judgment Entry Costs

Case Brief

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Parties

Dragoljub Prodanovich

Plaintiff

Gopal Mukherjee

First Defendant

Dharmesh Shah

Second Defendant

Ozzie Health Pty Ltd

Third Defendant

Procedural Posture

Interlocutory Application / Motion to Set Aside Judgment

Legal Issues

  1. 1 Whether consent judgment for second defendant, entered without first defendant's consultation, should be set aside
  2. 2 Entitlement of parties to be notified and heard regarding judgments affecting their interests
  3. 3 Appropriate allocation of costs for motion to set aside judgment

Ratio Decidendi

The consent judgment in favour of the Second Defendant was irregularly entered without consultation with the First Defendant; it should be set aside. The Plaintiff is responsible for the error and must pay the First Defendant's costs of the motion.

Court Disposition

The judgment in favour of the Second Defendant is set aside; Plaintiff must pay the First Defendant's costs of the motion.

Orders

  • The Judgment in favour of the Second Defendant of 29 October 2013 is set aside.
  • The Plaintiff should pay the First Defendant's costs of the motion.