10 Mar 2008
MEHTA AND MEHTA V GRIMSHAW & CO (FORMERLY CAIRNS SLANE) HC AK CIV-2007-404-004855
- Citation
- openlaw-1af93a18_c477_492d_b087_8b4dd2c8b49b.pdf
- Court
- High Court
The High Court held the quantum judgment of 15 May 2007 was irregularly obtained because no rule authorised entry of a quantum judgment at the mention hearing in the manner undertaken (r 486 and r 463 did not apply in the circumstances), the District Court acted without lawful authority and in excess of jurisdiction, and consequently the judgment must be set aside ex debito justitiae; the lower Judge erred by treating the judgment as regularly obtained and applying the wrong legal test.