Lawrence v Gunner

The Court of Appeal of New South Wales, constituted by Gleeson JA, considered an appeal concerning consent orders made in the Supreme Court. The dispute involved parties who had reached a compromise of their proceedings following alternative dispute resolution.

The central legal issue before the Court of Appeal was whether to set aside certain judgments and orders made by Stevenson J, with the exception of specific orders, in light of the parties' subsequent compromise. The court was also required to determine the appropriate costs orders for both the proceedings below and the appeal, and to consider the effect of the parties' compromise on the remaining claims.

Gleeson JA allowed the appeal, setting aside the majority of the judgments and orders made by Stevenson J. This decision reflected the parties' agreement to compromise their proceedings after engaging in alternative dispute resolution. The court ordered that there be no order as to the costs of the proceedings in the court below or of the appeal. The Further Amended Statement of Claim and Cross Claim were otherwise dismissed. The orders, including notations, were made without prejudice to any claims the parties might be advised to make under section 99 of the *Civil Procedure Act 2005* (NSW), including claims against third parties.