Glavan v Abigroup Contractors & Ors [2015] NSWSC 807

Glavan v Abigroup Contractors & Ors [2015] NSWSC 807

The consent judgment was set aside because it was entered without affording Allianz (and other parties claiming statutory contribution) a fair opportunity to be heard in opposition, falling within the exception allowing a perfected court order to be set aside when a party's right to be heard has been denied.

Jurisdiction
Australia
Judgment Date
23 June 2015
Procedural Posture
Civil / Application to Set Aside Consent Judgment Prior to Substantive Hearing
Outcome
Consent judgment set aside; future orders clarified procedural status between parties; costs ordered against first defendant.
Legal Topics
['applications to Set Aside Consent Judgments' 'statutory Contribution Between Tortfeasors' 'right to Be Heard' 'finality of Judgments']
['civil Procedure'] ['applications to Set Aside Consent Judgments' 'statutory Contribution Between Tortfeasors' 'right to Be Heard' 'finality of Judgments']

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Procedural Posture

Civil / Application to Set Aside Consent Judgment Prior to Substantive Hearing

Legal Issues

  1. 1 ['Whether the consent judgment between the plaintiff and first defendant should be set aside for failure to provide other parties a fair opportunity to be heard, thereby affecting statutory rights of contribution.']

Ratio Decidendi

The consent judgment was set aside because it was entered without affording Allianz (and other parties claiming statutory contribution) a fair opportunity to be heard in opposition, falling within the exception allowing a perfected court order to be set aside when a party's right to be heard has been denied.

Court Disposition

Consent judgment set aside; future orders clarified procedural status between parties; costs ordered against first defendant.

Orders

  • ['Under rule 36.16(2)(b) Uniform Civil Procedure Rules 2005 (NSW), the consent judgment for the first defendant against the plaintiff entered on 1 June 2015 is set aside.' "The form of consent judgment signed by the solicitors for the plaintiff and first defendant and filed on 28 May 2015 may lie in the Registry but...