The respondents owned farms which were bordered by a State-owned forest. A fire which started in the forest, spread to neighbouring properties, leading to the respondents suing the applicant for damages. The grounds of negligence relied upon were that the applicant had failed to take preventative measures to contain the fire in the forest, alternatively, failed to take steps, given the time period involved, to prevent the spread of the fire to the respondents’ properties. 

During the course of the trial, the applicant sought a postponement, which the respondents agreed to on condition that the applicant’s admission of liability in respect of some of the amounts claimed be embodied in an order of the court. That was done.

In the present application, the applicant sought the rescission of the order, and also sought an order authorising the withdrawal of the admissions referred to above.

Held that a judgment ordinarily remains in force until such time as it is set aside by an order of court. The powers of a court to set aside, in subsequent proceedings, a judgment of its own, are circumscribed. 

The dispute turned on the validity of the settlement agreement between the parties. The applicant was held to be estopped from denying the authority of his legal representatives to enter into the settlement agreement, as it had attempted to do.

The agreement being valid, the application was dismissed