I am of the view that these general principles have application to the issues before me, particularly to a consideration of what circumstances would entitle a party to a consent judgment, executed by counsel and issued by the court, to have such a consent judgment declared to be ineffectual and set aside. The rationale in Hawitt v. Campbell et al. (supra), suggests, by implication, that such a consent judgment could be declared to be ineffectual and set aside if there was a limitation on the instructions of the solicitor which was known to the opposite party, or where a solicitor misapprehended instructions or facts of a nature such as would result in injustice or make it unreasonable or unfair to enforce the settlement, or where fraud or collusion in relation to the settlement could be demonstrated.
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