Provident Capital (in liquidation) v French [2015] NSWSC 1827

The borrower and lender agreed to settle proceedings and have consent judgment entered if the borrower did not obtain default judgment against his former business partner for breaching an alleged agreement between them by a certain date (which involved the partner paying off the borrower’s mortgage debt in return for a % interest in an invention) and repay the lender’s debt in 8 months’ time. The borrower attempted to have consent judgment set aside on the basis that he was pressured into agreeing to the terms of settlement.

The court found no irregularity, illegality or lack of good faith and refused to set aside consent judgment. The court said:

There was nothing said or done by any person representing [the lender]which caused [the borrower] unfairly or inappropriately to accept the terms of the Deed.

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