Jacqueline Sands v David Leslie Henderson

In this case, the plaintiff, Jacqueline Sands, sought to set aside consent orders made in her de facto relationship with David Leslie Henderson. The parties had originally agreed to a settlement concerning their property interests, which was subsequently formalised through consent orders. The plaintiff now contended that the orders should be set aside due to alleged suppression of facts and a mistake regarding the property's valuation by the defendant.

The central legal issues before the court involved whether the plaintiff had demonstrated a miscarriage of justice, which would warrant setting aside the consent orders. The court needed to determine if there was any fault in the judicial process that led to the consent orders and whether there was an alleged suppression of facts or a mistake concerning the property's valuation that could invalidate the consent orders.

The court examined the evidence presented and concluded that any asserted miscarriage of justice had to stem from a fault in the integrity of the judicial process. The plaintiff had to show that the consent orders were not a true reflection of the parties' intentions due to some procedural or substantive error. The court found that the plaintiff did not provide sufficient evidence to establish that there was a suppression of facts or a material mistake regarding the property's valuation. The court held that the plaintiff had not demonstrated any fault in the judicial process that would warrant setting aside the consent orders.

In conclusion, the court dismissed the plaintiff's application to set aside the consent orders, confirming the validity of the original settlement. The court found that the plaintiff had not substantiated the claimed miscarriage of justice, and therefore, the consent orders remained in effect.