Perpetual Trustees Victoria Limited v Richard Kingsley Sheehan and Anor [2003] NSWSC 651

Perpetual Trustees Victoria Limited v Richard Kingsley Sheehan and Anor [2003] NSWSC 651

As no fraud is alleged and the consent orders had not been entered, the Court has power and it is appropriate for the defendants to particularise their grounds for setting aside judgment by way of points of claim in the current proceedings. The plaintiff will have an opportunity to respond; directions are given accordingly.

Parties
Plaintiff: Perpetual Trustees Victoria Limited; First Defendant: Richard Kingsley Sheehan; Second Defendant: Maureen Patricia Sheehan
Jurisdiction
Australia
Judgment Date
23 July 2003
Procedural Posture
Application to Set Aside Consent Orders / Interlocutory Motion
Outcome
Defendants to file points of claim; plaintiff to file defence; matter stood over for further directions; costs reserved.
Legal Topics
Setting Aside Consent Judgment, Ill Health, Incapacity, Lack of Legal Advice, Procedural Discretion
Practice and Procedure Setting Aside Consent Judgment Ill Health Incapacity Lack of Legal Advice Procedural Discretion

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Parties

Perpetual Trustees Victoria Limited

Plaintiff

Richard Kingsley Sheehan

First Defendant

Maureen Patricia Sheehan

Second Defendant

Procedural Posture

Application to Set Aside Consent Orders / Interlocutory Motion

Legal Issues

  1. 1 Whether consent orders and terms of settlement not yet entered should be set aside
  2. 2 Whether allegations of ill health, incapacity or lack of legal advice justify setting aside judgment
  3. 3 Appropriate procedural route for challenging consent orders

Ratio Decidendi

As no fraud is alleged and the consent orders had not been entered, the Court has power and it is appropriate for the defendants to particularise their grounds for setting aside judgment by way of points of claim in the current proceedings. The plaintiff will have an opportunity to respond; directions are given accordingly.

Court Disposition

Defendants to file points of claim; plaintiff to file defence; matter stood over for further directions; costs reserved.

Orders

  • Defendants to file points of claim on or by 28 July 2003 setting forth the material facts upon which the application to set aside the judgment is based.
  • Plaintiff to file and serve a defence to those points of claim on or before 4 August 2003.