Benson v Carroll [2008] FCA 1729

Benson v Carroll [2008] FCA 1729

The orders of 23 April 2008 (dismissing the proceeding) were set aside due to the circumstances in which the applicants consented (without legal representation, after counsel and solicitors withdrew, and while Mr Benson was recovering from major surgery), so as not to prejudice the applicants' ability to pursue their claim. Applicants were ordered to pay respondents' costs of the motion.

Jurisdiction
Australia
Judgment Date
06 November 2008
Procedural Posture
Civil / Interlocutory Motion to Set Aside Previous Orders
Outcome
Applicants' motion to set aside previous consent orders granted; orders 1 and 3 of 23 April 2008 set aside; applicants to pay respondents' costs of the motion; matter stood over for directions.
Legal Topics
['setting Aside Consent Orders' 'costs' 'reinstatement of Proceedings']
['civil Procedure'] ['setting Aside Consent Orders' 'costs' 'reinstatement of Proceedings']

Case Brief

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Procedural Posture

Civil / Interlocutory Motion to Set Aside Previous Orders

Legal Issues

  1. 1 ['Whether orders made on 23 April 2008 (dismissing proceeding) should be set aside' "Whether applicants should pay the respondents' costs of the motion"]

Ratio Decidendi

The orders of 23 April 2008 (dismissing the proceeding) were set aside due to the circumstances in which the applicants consented (without legal representation, after counsel and solicitors withdrew, and while Mr Benson was recovering from major surgery), so as not to prejudice the applicants' ability to pursue their claim. Applicants were ordered to pay respondents' costs of the motion.

Court Disposition

Applicants' motion to set aside previous consent orders granted; orders 1 and 3 of 23 April 2008 set aside; applicants to pay respondents' costs of the motion; matter stood over for directions.

Orders

  • ['Orders 1 and 3 made on 23 April 2008 be set aside' "Applicants pay respondents' costs of the motion brought by notice of motion filed 22 May 2008" 'Proceeding stood over for directions at 10am on 25 November 2008']