Consent orders founded on an agreement between parties will only be set aside under UCPR r 36.15(1) where the underlying agreement is void or voidable. A litigant is bound by the actions of their legal representatives acting within the scope of their authority, and dissatisfaction with the outcome of a settlement negotiated by authorised representatives is not a 'mistake' in any legal sense that would render the agreement void. It is not appropriate to transfer proceedings seeking prerogative relief under s 69 of the Supreme Court Act to the very court whose orders are challenged, even where s 149E of the Civil Procedure Act confers the transferor court's jurisdiction on the transferee.
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