McVeigh v McAleer [2011] NIMaster 6 (18 August 2011)

McVeigh v McAleer [2011] NIMaster 6 (18 August 2011)

The court does not have jurisdiction to set aside a consent order on the grounds of material non-disclosure, fraud/misrepresentation, Barder event, undue influence, or legal negligence in this case, as none of the evidentiary thresholds were met. Even if such jurisdiction existed, the evidence presented by Miss McVeigh was insufficient to justify setting aside the consent order.

Citation
[2011] NIMaster 6
Parties
Petitioner: Margaret Anne McVeigh; Respondent: Patrick James McAleer
Jurisdiction
Northern Ireland
Judgment Date
18 August 2011
Procedural Posture
Ancillary Relief / Matrimonial Property Division / Application to Set Aside Consent Order; Post Consent Order Hearing Before Master
Outcome
Application to set aside consent order not granted; matter referred back to judge for determination.
Legal Topics
Consent Orders, Setting Aside Orders, Material Non Disclosure, Fraud, Misrepresentation, Barder Event, Undue Influence, Legal Negligence
Family Law Consent Orders Setting Aside Orders Material Non Disclosure Fraud Misrepresentation Barder Event Undue Influence +1 more

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Parties

Margaret Anne McVeigh

Petitioner

Patrick James McAleer

Respondent

Procedural Posture

Ancillary Relief / Matrimonial Property Division / Application to Set Aside Consent Order; Post Consent Order Hearing Before Master

Legal Issues

  1. 1 In what circumstances can a consent order dividing matrimonial property be set aside?
  2. 2 Does the court have jurisdiction to set aside a consent order for material non-disclosure, fraud, Barder event, undue influence, or legal negligence?

Ratio Decidendi

The court does not have jurisdiction to set aside a consent order on the grounds of material non-disclosure, fraud/misrepresentation, Barder event, undue influence, or legal negligence in this case, as none of the evidentiary thresholds were met. Even if such jurisdiction existed, the evidence presented by Miss McVeigh was insufficient to justify setting aside the consent order.

Court Disposition

Application to set aside consent order not granted; matter referred back to judge for determination.

Orders

  • No order setting aside the consent order; matter referred back to the judge for determination of the summons.