Rafidi v Commonwealth Bank of Australia Ltd

[2017] NSWCA 96

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Consent orders
4. › Whether leave required to appeal from judgment made by consent
5. › Supreme Court Act 1970 (NSW), s 101(2)(c)
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Refusal to set aside consent orders
5. › Whether order refusing to set aside consent judgment is interlocutory
6. › Whether leave required
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Appeal
2. › Leave to appeal
3. › Principles governing grant of leave
4. › Whether error more than reasonably arguable
5. › Whether issue of principle or substantial injustice
1. Judgment and Orders
2. › Consent orders
3. › Setting aside
4. › Whether consent vitiated by failure to disclose intention to seek referral of papers to Attorney General
5. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16

Quick Take

A party who consents to judgment and then unsuccessfully applies to set aside the consent orders requires leave to appeal under both s 101(2)(c) (consent orders) and s 101(2)(e) (interlocutory refusal to set aside). An appeal filed without leave in such circumstances is incompetent. The Court also observed that applications by successful litigants for the court to refer papers to prosecuting authorities may be inappropriate where the party can itself report the matter.