Civmec Construction & Engineering Pty Ltd v Mann [No 2]

Civmec Construction & Engineering Pty Ltd v Mann [No 2] is a case where the defendant, Leann Mann, sought to set aside final injunctive orders made by consent between herself and the plaintiff, Civmec Construction & Engineering Pty Ltd. The defendant argued that the orders should be set aside on the grounds that she was not physically present in the courtroom when giving her consent and that she lacked the mental capacity to consent to the orders. The case was heard by Tottle J in the Supreme Court of Western Australia in Chambers. The court held that the orders should not be set aside and dismissed the defendant's application. The court found that the term 'in person' in the relevant rule did not require physical presence and that any challenge to the consent orders should be made in fresh proceedings. The court also found that the defendant's evidence did not establish that she lacked the requisite capacity to consent to the orders or that such a lack of capacity was known to the plaintiff or its lawyers. Finally, the court held that the suppression order in respect of the reasons for granting interlocutory injunctive relief should not be vacated as the justification for the suppression order not only remained but was reinforced by the granting of the final injunctive relief.