White v Attwells [2020] NSWSC 1520

White v Attwells [2020] NSWSC 1520

The correspondence and signed directions to pay objectively showed only an agreement about how the proceeds of the costs assessments payable by Sparke Helmore on behalf of Jackson Lalic would be divided between Mr Attwells and Mr White. The words "resolve this matter" were not sufficiently clear, in context, to settle the fees proceedings, the cross-claim, existing costs orders or the parties' broader liabilities. Accordingly, the parties had not entered into a binding agreement to settle the proceedings, and Mr White's notice of motion failed.

Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Procedural and Other Ruling in Common Law Division Fees Proceedings / Determination of Separate Question Whether the Parties Entered Into a Binding Agreement to Settle the Proceedings
Outcome
Plaintiff's notice of motion dismissed; declaration made that the parties did not enter into a binding agreement to settle the proceedings, which remain on foot.
Legal Topics
['construction of Alleged Settlement Agreement' 'objective Intention of Parties' 'meaning of "resolve This Matter"' 'contracts Review Act 1980 (nsw)' 'inequality in Bargaining Power' 'unfair Tactics' 'costs Assessments' 'notice of Discontinuance']
['contracts' 'civil Procedure' 'legal Profession' 'costs' 'unjust Contracts'] ['construction of Alleged Settlement Agreement' 'objective Intention of Parties' 'meaning of "resolve This Matter"' 'contracts Review Act 1980 (nsw)' 'inequality in Bargaining Power' 'unfair Tactics' 'costs Assessments' 'notice of Discontinuance']

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Procedural Posture

Procedural and Other Ruling in Common Law Division Fees Proceedings / Determination of Separate Question Whether the Parties Entered Into a Binding Agreement to Settle the Proceedings

Legal Issues

  1. 1 ['Whether Mr White and Mr Attwells entered into a concluded agreement in February 2020.' 'Whether any agreement had the effect of settling the fees proceedings, including the cross-claim, existing costs orders and costs of the proceedings.' 'Whether, if such a settlement agreement existed, it ought be set aside or not enforced under the Contracts Review Act 1980 (NSW).']

Ratio Decidendi

The correspondence and signed directions to pay objectively showed only an agreement about how the proceeds of the costs assessments payable by Sparke Helmore on behalf of Jackson Lalic would be divided between Mr Attwells and Mr White. The words "resolve this matter" were not sufficiently clear, in context, to settle the fees proceedings, the cross-claim, existing costs orders or the parties' broader liabilities. Accordingly, the parties had not entered into a binding agreement to settle the proceedings, and Mr White's notice of motion failed.

Court Disposition

Plaintiff's notice of motion dismissed; declaration made that the parties did not enter into a binding agreement to settle the proceedings, which remain on foot.

Orders

  • ["Dismiss the plaintiff's notice of motion filed on 31 March 2020." 'Declare that the parties have not entered into a binding agreement to settle these proceedings which, accordingly, remain on foot.' "Subject to any application for a contrary order being made in writing to my Associate within seven days, order the...