Connectland Pty Ltd v Cardno Forbes Rigby Pty Ltd

Connectland Pty Ltd (the applicant) sought leave to appeal against a consent judgment entered in the Supreme Court of New South Wales, arguing that the respondent, Cardno Forbes Rigby Pty Ltd, had made a misrepresentation that induced its consent to the judgment. The applicant contended that this misrepresentation meant the consent judgment should be set aside.

The primary legal issue before the Court of Appeal was whether the applicant had an arguable case that the respondent's alleged representation was erroneous, thereby providing a basis for setting aside the consent judgment. This required the court to consider the nature of consent judgments and the circumstances under which they might be disturbed, particularly in light of the applicant's assertion of misrepresentation.

The Court of Appeal found that the applicant had not established an arguable case that the representation relied upon was erroneous. Consequently, there was no sufficient basis to grant leave to appeal against the consent judgment. The court applied the principles governing applications for leave to appeal and the setting aside of consent judgments, emphasizing the need for a demonstrable error in the representation alleged to have induced the consent.

The application for leave to appeal was dismissed, and Connectland Pty Ltd was ordered to pay the costs of Cardno Forbes Rigby Pty Ltd.