Oyston v St Patrick's College (No 3)

The appeal concerned a dispute between Oyston (the appellant) and St Patrick's College (the respondent). The parties had reached an agreement regarding the final orders to be made by the court. The matter came before the Court of Appeal of New South Wales, comprising Macfarlan and Barrett JJA and Tobias AJA.

The central legal issue before the court was the determination of the appropriate final judgment amount in favour of the appellant, following an agreement between the parties to vary an earlier judgment. This involved considering the court's power to set aside and vary existing judgments and orders, particularly in light of the Uniform Civil Procedure Rules 2005.

The court's reasoning was predicated on the parties' agreement to vary the original judgment. The court exercised its power under the Uniform Civil Procedure Rules 2005 to set aside the previous judgment of $124,938.48 and substitute it with a new judgment amount. This decision reflects the court's ability to give effect to agreed outcomes between litigants, provided they fall within the court's procedural powers.

In lieu of the prior order, the court entered judgment for the appellant in the sum of $162,207.34.