In Huddersfield Banking Co Ltd v. Henry Lister & Son Ltd. [1895-9] All ER Rep 868 it was held that a consent order made by the court to give effect to the compromise of a legal claim by the parties concerned can be set aside, not only on ground of fraud, but for any reason which would afford a ground for setting aside the agreement on which the order was made, for example, on the ground of a common mistake regarding a material fact. In that case Lindley, CJ, said:- “The only thing, to my mind, to be done on this point of setting aside a consent judgment is to see whether the agreement upon which it was based can be invalidated or not. If the agreement cannot be invalidated, the consent order is good. If the agreement can be invalidated, the consent order is bad.”
JUDGEMENT BY CONSENT OF THE PARTIES IS VALID – LAND
It is obvious and not disputed that plaintiff was aware of the arrangement to settle out of court, the action instituted by him against the defendants. He was also aware that the arrangement was to allocate another piece of land to him in lieu of monetary compensation for his piece of land compulsorily acquired. This...