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Braam v BBC Hardware Ltd [2020] VSCA 164

PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Tate and Osborn JJA
Parties: 

Braam, Malcolm Anthony v BBC Hardware Ltd

Judgment Date: 
19 June 2020
Catchwords: 

PRACTICE AND PROCEDURE - Application to set aside notice of discontinuance and minutes of consent orders, and reinstate proceeding - Whether settlement resulted from duress - Whether judge erred in finding no evidence of mental breakdown - Whether judge erred in finding no cogent evidence of vitiating conduct - Evidence of a rational, alternative reason for settlement - Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40, Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24, discussed - Leave to appeal refused.

Citation: