Cameron v Qantas Airways Ltd

Cameron, the applicant, sought leave to appeal from a decision of the District Court that dismissed a motion to set aside a consent judgment. The motion was heard by the trial judge, and the applicant's evidence was rejected without cross-examination and without an express finding of credibility. The dispute concerned an allegation of duress or undue influence in relation to a settlement agreement that led to the consent judgment.

The primary legal issues before the Court of Appeal were whether the applicant had followed the proper procedure in challenging the consent judgment, specifically whether a separate proceeding was required or if a notice of motion was appropriate, and whether the trial judge had erred in rejecting the applicant's evidence without cross-examination or a credibility finding.

The Court of Appeal allowed the appeal by consent. It set aside the judgment and orders of the District Court and remitted the matter back to the District Court for further proceedings. The respondent was ordered to pay the legal disbursements of the applicant in the Court of Appeal, and the applicant was referred to the Registrar for assistance in preparing for any further proceedings concerning the consent judgment.