Lawrence v Gunner [2016] NSWCA 216

Lawrence v Gunner [2016] NSWCA 216

The parties having compromised the proceedings following ADR, the consent of the parties justifies allowing the appeal, setting aside the previous judgment and orders (with certain exceptions), and dismissing the statement of claim and cross claim, with no order as to costs.

Parties
First Appellant: Wayne Lawrence; Second Appellant: Valerie Lawrence; Respondent: Frances Beatrice Gunner
Jurisdiction
Australia
Judgment Date
18 August 2016
Procedural Posture
Appeal / Judgment on Appeal, Orders Made by Consent Following Compromise
Outcome
Appeal allowed by consent; previous orders (except specified orders) set aside; each party to bear own costs; claims dismissed.
Legal Topics
Setting Aside Judgments, Consent Orders, Alternative Dispute Resolution
Civil Procedure Setting Aside Judgments Consent Orders Alternative Dispute Resolution

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Parties

Wayne Lawrence

First Appellant

Valerie Lawrence

Second Appellant

Frances Beatrice Gunner

Respondent

Procedural Posture

Appeal / Judgment on Appeal, Orders Made by Consent Following Compromise

Legal Issues

  1. 1 Whether the orders and judgment of Stevenson J should be set aside by consent following settlement
  2. 2 Appropriateness of remittal for potential applications under s 99 of the Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The parties having compromised the proceedings following ADR, the consent of the parties justifies allowing the appeal, setting aside the previous judgment and orders (with certain exceptions), and dismissing the statement of claim and cross claim, with no order as to costs.

Court Disposition

Appeal allowed by consent; previous orders (except specified orders) set aside; each party to bear own costs; claims dismissed.

Orders

  • Appeal allowed.
  • Set aside the judgment and orders of Stevenson J of 16 July 2015 and of 21 August 2015 (with the exception of orders 6, 8, 9 and 10 made 21 August 2015).