MARGARITIS v AGC (ADVANCES) PTY LTD [1991] NSWCA 190

MARGARITIS v AGC (ADVANCES) PTY LTD [1991] NSWCA 190

The Court concluded the appeal procedure was inappropriate to set aside the consent orders and deed of settlement. Such relief should be sought by way of fresh proceedings, not appeal. Leave to appeal was refused.

Parties
Claimant: Mr and Mrs Margaritis; Claimant: Attika Investments Pty Ltd; Claimant: Attika Property Management Pty Ltd; Opponent: AGC (Advances) Ltd; Opponent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
19 December 1991
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
application refused
Legal Topics
Setting Aside Consent Orders, Deed of Settlement, Discovery, Non Disclosure, Appeal Procedure, Costs
Civil Procedure Setting Aside Consent Orders Deed of Settlement Discovery Non Disclosure Appeal Procedure Costs

Case Brief

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Parties

Mr and Mrs Margaritis

Claimant

Attika Investments Pty Ltd

Claimant

Attika Property Management Pty Ltd

Claimant

AGC (Advances) Ltd

Opponent

Westpac Banking Corporation

Opponent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted to set aside consent orders and deed of settlement due to alleged non-disclosure in discovery
  2. 2 Whether appeal procedure is appropriate or whether fresh proceedings should be commenced to set aside consent orders

Ratio Decidendi

The Court concluded the appeal procedure was inappropriate to set aside the consent orders and deed of settlement. Such relief should be sought by way of fresh proceedings, not appeal. Leave to appeal was refused.

Court Disposition

application refused

Orders

  • Application for leave to appeal refused.
  • No order as to costs.