CAMERON v QANTAS AIRWAYS LTD [2009] NSWCA 339

CAMERON v QANTAS AIRWAYS LTD [2009] NSWCA 339

Leave to appeal was granted due to procedural irregularities and concerns about the assessment of the applicant's un-cross-examined evidence; by consent, appeal allowed, District Court judgment and orders set aside, matter remitted for proper determination.

Jurisdiction
Australia
Judgment Date
14 October 2009
Procedural Posture
Appeal / Application for Leave to Appeal From District Court Decision; by Consent, Appeal Allowed and Matter Remitted
Outcome
Appeal allowed by consent; District Court judgment and orders set aside; matter remitted to District Court
Legal Topics
['challenge to Consent Judgment' 'duress' 'undue Influence' 'procedural Irregularity' 'application by Notice of Motion']
['civil Procedure'] ['challenge to Consent Judgment' 'duress' 'undue Influence' 'procedural Irregularity' 'application by Notice of Motion']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal From District Court Decision; by Consent, Appeal Allowed and Matter Remitted

Legal Issues

  1. 1 ['Whether the consent judgment should be set aside due to alleged duress or undue influence' 'Whether appropriate procedure was followed to challenge consent judgment' "Whether the applicant's evidence was appropriately assessed"]

Ratio Decidendi

Leave to appeal was granted due to procedural irregularities and concerns about the assessment of the applicant's un-cross-examined evidence; by consent, appeal allowed, District Court judgment and orders set aside, matter remitted for proper determination.

Court Disposition

Appeal allowed by consent; District Court judgment and orders set aside; matter remitted to District Court

Orders

  • ['By consent, appeal allowed' 'Judgment and orders of the District Court set aside' 'Matter remitted to the District Court' "Respondent to pay applicant's legal disbursements in the Court of Appeal" 'Applicant referred to Registrar for referral to a lawyer on the Pro Bono Panel for advice and assistance regarding...