ACB v VIN & Ors [2013] QDC 152

 

JUDGE: Kingham DCJ
ORDER:

  1. The settlement of the claim by the plaintiff against the fourth defendant is sanctioned.
  2. By consent of the plaintiff and the third and fourth defendants, the default judgment by the plaintiff against the third and fourth defendants filed 4 May 2012 is set aside.
  3. By consent of the plaintiff and the third and fourth defendants, the proceedings by the plaintiff against the third and fourth defendants are discontinued.
  4. By consent of the plaintiff and the third and fourth defendants, there is no order as to costs as between the plaintiff and the third and fourth defendants in these proceedings, including with respect to the application filed 26 June 2013.
  5. The opinion and outline of submissions of Micheal Liddy of Counsel and the affidavit of BER sworn 11 June 2013 and the affidavit of Bridget Ann Burton sworn 11 June 2013 are placed in a sealed envelope on the Court file, not to be opened without an order of the Court.
CATCHWORDS: UNCONSIONABILITY- MISTAKE – CAPACITY- SETTING ASIDE EX PARTE JUDGMENT- SANCTION TO A SETTLEMENT – DEFAULT. 

 

David Cormack – Brisbane Barrister. 

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