Louise Carter & Ors v John F Kennedy [2013] NSWSC 82

Louise Carter & Ors v John F Kennedy [2013] NSWSC 82

The motions to set aside the judgments were dismissed because the court found no relevant irregularity in the entry of the judgments, the procedure was in accordance with statute and rules, and in any event, even if any irregularity was found, the court's discretion would not favour setting aside the judgments at this late stage after the litigation had come to finality.

Parties
Plaintiff: Louise Carter; Plaintiff: Annabelle Ivy Carter; Plaintiff: Estate of the Late Shirley Watts Carter; Defendant: John Francis Kennedy
Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Motion / Final Determination of Motions to Set Aside Judgments
Outcome
Motions dismissed
Legal Topics
Costs, Damages, Judgment Setting Aside, Irregular Entry of Judgment
Civil Procedure Costs Damages Judgment Setting Aside Irregular Entry of Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Louise Carter

Plaintiff

Annabelle Ivy Carter

Plaintiff

Estate of the Late Shirley Watts Carter

Plaintiff

John Francis Kennedy

Defendant

Procedural Posture

Motion / Final Determination of Motions to Set Aside Judgments

Legal Issues

  1. 1 Whether judgments for assessed costs should be set aside as entered irregularly
  2. 2 Whether there was any relevant irregularity in the entry of judgments under the Legal Profession Act 2004 and Civil Procedure Act 2005
  3. 3 Whether plaintiffs' motivations in seeking to set aside judgments are relevant

Ratio Decidendi

The motions to set aside the judgments were dismissed because the court found no relevant irregularity in the entry of the judgments, the procedure was in accordance with statute and rules, and in any event, even if any irregularity was found, the court's discretion would not favour setting aside the judgments at this late stage after the litigation had come to finality.

Court Disposition

Motions dismissed

Orders

  • Motions to set aside judgments are dismissed