Khanna v Allianz Australia Insurance Limited

Khanna (the applicant) sought leave to appeal against final orders entered by consent in proceedings against Allianz Australia Insurance Limited (the respondent). The applicant contended that, due to medical reasons, they did not understand the effect of the consent orders, and argued that the orders should therefore be set aside.

The central legal issue before the court was whether consent orders, which are generally considered final and binding, could be set aside on the basis that one party, due to medical reasons, did not understand their effect at the time of consent.

The court considered the principles governing consent orders, which ordinarily reflect a compromise and are not subject to appeal or review unless there are exceptional circumstances. The court found that the applicant had not demonstrated sufficient grounds to depart from the usual finality of consent orders. The respondent's notice of motion and the applicant's summons were accordingly dismissed.