Read the full judgment text of HCCT 46/2011 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 February 2013 before Hon Au J.
Civil Procedure — Consent Orders — Setting Aside — Procedural Requirements — The plaintiff sought to set aside a consent order alleging economic duress and breach of settlement agreement. The court held that once a consent order is made, it is functus officio and cannot be set aside by summons; the proper procedure is to commence a fresh action. The application was dismissed for procedural irregularity. Costs were awarded to the defendant. Key authorities included Andayani v Chan Oi Ling, Moores v Grant Thornton, and Ng Shui Hing v Lai Hang.
Legal issues: Procedural requirements for setting aside a consent order
Outcome: Application to set aside the consent order dismissed
Cites 1 case