Lerama Pty Ltd v Wortho Pty Ltd [2008] NSWSC 1307

Consent orders as to costs, entered by mistake that a reasonable solicitor would have detected, may be set aside in the interests of justice, particularly where the provision leads to possible indefinite deferment or non-payment of costs contrary to statutory expectations.

Parties: Plaintiff: Lerama Pty Limited; Defendant: Wortho Pty Limited
Jurisdiction: Australia
Judgment Date: 02 December 2008
Procedural Posture: Equity / Motion to Set Aside or Vary Consent Orders as to Costs
Outcome: Defendant's motion succeeded in part; orders as to costs (orders 4 and 5 of 13 August 2008) to be set aside or varied.
Legal Topics: Mistake, Effect on Contracts, Compromise of Litigation, Costs in Easement Proceedings

Equity Mistake Effect on Contracts Compromise of Litigation Costs in Easement Proceedings

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Parties

Lerama Pty Limited

Plaintiff

Wortho Pty Limited

Defendant

Procedural Posture

Equity / Motion to Set Aside or Vary Consent Orders as to Costs

Legal Issues

1 Whether consent orders as to costs should be set aside or varied due to mistake in the time of payment provision

Ratio Decidendi

Court Disposition

Defendant's motion succeeded in part; orders as to costs (orders 4 and 5 of 13 August 2008) to be set aside or varied.

Orders

Orders 4 and 5 of the consent orders dated 13 August 2008 are to be set aside or varied.
Defendant to pay plaintiff's costs of the motion.