Crago, Peter & Anor v Multiquip Pty Ltd & Anor [1997] FCA 1325

Crago, Peter & Anor v Multiquip Pty Ltd & Anor [1997] FCA 1325

No actual and present consent being either freely given or established, the court has no power to make the order sought to set aside the entered judgment, and the motion must be dismissed.

Jurisdiction
Australia
Judgment Date
20 November 1997
Procedural Posture
Motion / Post Judgment Application
Outcome
Motion dismissed; extension of time granted for notice of appeal.
Legal Topics
['setting Aside Orders' 'consent' 'specific Performance' 'estoppel']
['civil Procedure'] ['setting Aside Orders' 'consent' 'specific Performance' 'estoppel']

Case Brief

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Procedural Posture

Motion / Post Judgment Application

Legal Issues

  1. 1 ['Whether entered orders should be set aside under O 35 r 7(2)' 'Whether respondents consent to setting aside orders' 'Whether applicants are entitled to specific performance' 'Whether estoppel applies to respondents withholding consent']

Ratio Decidendi

No actual and present consent being either freely given or established, the court has no power to make the order sought to set aside the entered judgment, and the motion must be dismissed.

Court Disposition

Motion dismissed; extension of time granted for notice of appeal.

Orders

  • ['The motion, in so far as it seeks relief under O 35 r 7, is dismissed.' '11 December 1997 is fixed as the date by which a notice of appeal from the orders made on 10 September 1997 may be filed and served.']