James v Australia and New Zealand Banking Group Ltd

• 1. Judgments and Orders
  2. › Setting aside
  3. › Consent judgment
  4. › General power to set aside judgment or order
  5. › Whether judgment based on underlying contractual agreement
  6. › Whether non-resistance to summary judgment gives rise to contract
  7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.15(1)
• 1. Judgments and Orders
  2. › Amending, varying and setting aside
  3. › Entered orders
  4. › Finality of entered orders
  5. › Whether court may reopen orders after entry otherwise than pursuant to statutory authority
  6. › Principle of finality as element of rule of law
• 1. Contract
  2. › Grounds for setting aside
  3. › Misleading or deceptive conduct
  4. › Non-disclosure of information
  5. › Whether silence constitutes misleading or deceptive conduct
  6. › Relevance of reasonable expectation of disclosure
  7. › Whether obligation to disclose information the relevance of which was not known to silent party
  8. › Trade Practices Act 1974 (Cth), ss 52, 82
• 1. Civil Procedure
  2. › Court of Appeal
  3. › Leave to appeal
  4. › Dismissal
  5. › Whether issue of principle, question of general public importance, or injustice going beyond merely arguable

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