13 Feb 2026
The court held that plaintiff's counsel had apparent and ostensible authority to settle at mediation; the plaintiff failed to prove lack of actual authority or any vitiating factors or grave injustice; therefore the recorded consent judgment stands and the application to set it aside is dismissed, with costs awarded accordingly.
18 Mar 2024
The Court held the Salient Terms were qualified, preliminary promises/agreement in principle requiring further negotiation and thus were not unambiguous statements of existing fact capable of sustaining an action for misrepresentation; even if construed as representations the evidence did not prove fraudulent intention or inducement by the appellant and the High Court’s contrary factual findings lacked adequate judicial appreciation of the evidence and were plainly wrong, therefore the High Court judgment setting aside the consent judgment was set aside and the appeal allowed.
22 Nov 2022
The Originating Summons was dismissed because the Consent Order was validly recorded with plaintiff’s solicitors' consent and there was no evidence of vitiating factors (fraud, mistake, coercion, undue influence or total failure of consideration), plaintiff delayed unreasonably in seeking relief, the Consent Order had been substantially performed and the court had jurisdiction; therefore no basis existed to set aside the Consent Order.
24 Sept 2020
Although the adjudicators arguably acted beyond jurisdiction under CIPAA as to pre‑2014 contracts, the consent stay orders were final and performed before the Federal Court rulings; following authority that changes in law do not retrospectively disturb final, performed consent orders, the applications to set aside those orders failed; however consent orders obtained under a mistake of law may be challenged by fresh action, but that did not afford relief here.