VIC False and misleading evidence VCAT settlement agreement ?

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uncle bob

Member
20 September 2015
4
0
1
Hi I've spoken to respondents solicitor in regards to providing a false and misleading diagram and details as part of VCAT settlement agreement .The solicitor has said the settlement agreement has been signed, so basically he's saying bad luck ?The diagram is not the same as the Engineers recommendations diagram and specs.Engineer was not provided the findings from experts report.
I have provided my experts report in this matter and it's the only evidence used as respondent refused to do one, now going by settlement agreement they have commenced rectification works in which
does not align with the evidence provided.
Can I refuse to sign the consent order and release of further litigation order when it's due ?
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi I've spoken to respondents solicitor in regards to providing a false and misleading diagram and details as part of VCAT settlement agreement .The solicitor has said the settlement agreement has been signed, so basically he's saying bad luck ?The diagram is not the same as the Engineers recommendations diagram and specs.Engineer was not provided the findings from experts report.
I have provided my experts report in this matter and it's the only evidence used as respondent refused to do one, now going by settlement agreement they have commenced rectification works in which
does not align with the evidence provided.
Can I refuse to sign the consent order and release of further litigation order when it's due ?
Hi Bob,

It is only in very limited circumstances that a settlement agreement can be withdrawn, taken back or however you want to phrase it. Fraud or duress and similar types of things MAY allow voidance of a settlement agreement but it is most unlikely. I recommend you get some formal legal advice if you really want to go down the track of having the agreement voided. Good luck.
 

uncle bob

Member
20 September 2015
4
0
1
Hi Paul thanks for your reply, what would happen if the required works are not done according to the evidence provided (engineers report) that has been withheld to the respondents engineer. Water flow issue and fence issues.
Could I raise the fact that the respondent knowing ,for eg (2 Engineer reports both say fence not to be used to retain soil as it is not designed or engineered for that use ) but have the fencing contractor replace fence and put soils back against fence.As this has not complied with the settlement agreement, could I refuse to sign consent orders to release respondent to further claims as a result of them withholding and providing false and misleading information and not complying with Engineers reports?

Thanks Bob
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi Bob,

Sorry about the delay in my reply. I think your answer raises some issues of complexity that are not appropriate to answer here. Others may have a different view.