Attia v Caird Seven Pty Ltd

The applicants, Attia and another, sought leave to appeal against consent orders made by the primary judge in proceedings between them and the respondent, Caird Seven Pty Ltd. The dispute concerned a contract for the sale of land, and the consent orders had been made for specific performance of that contract. The applicants sought to have these consent orders vacated.

The central legal issues before the Court of Appeal were whether justice would be served by vacating the consent orders, and whether the applicants could advance an argument on appeal that had been expressly abandoned by their counsel before the primary judge. The applicants contended that the respondent had breached the contract of sale, thereby providing grounds to set aside the consent orders.

The Court of Appeal held that the applicants had not established a prima facie case that justice would be served by vacating the consent orders. It further found that the applicants were not entitled to advance an argument on appeal that had been expressly abandoned before the primary judge, as this would undermine the finality of litigation and the authority of consent orders. The Court noted that the applicants had not demonstrated any error on the part of the primary judge in making the consent orders.

Consequently, the summons seeking leave to appeal was dismissed with costs.