R & J LYONS FAMILY SETTLEMENT PTY LTD v 155 MACQUARIE STREET PTY LTD [2006] NSWCA 177

R & J LYONS FAMILY SETTLEMENT PTY LTD v 155 MACQUARIE STREET PTY LTD [2006] NSWCA 177

The Settlement Deed's clause 2.3 operates to bar the claimants from invoking matters pleaded in the (Amended) Statement of Claim as an answer to the opponent's cross-claim for rent, as those claims were put to rest by the execution of the Settlement Deed and cannot be maintained in any form as a defence. The appeal was accordingly dismissed.

Parties
Claimant: R & J Lyons Family Settlement Pty Ltd; Opponent: 155 Macquarie Street Pty Ltd
Jurisdiction
Australia
Judgment Date
29 June 2006
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Covenants in Lease, Rent Abatement, Construction and Interpretation, Settlement Deed, Release of Claims
Landlord and Tenant Contracts Covenants in Lease Rent Abatement Construction and Interpretation Settlement Deed Release of Claims

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Parties

R & J Lyons Family Settlement Pty Ltd

Claimant

155 Macquarie Street Pty Ltd

Opponent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Scope of Settlement Deed clause 2.3
  2. 2 Whether claimants can use prior claims as defence to cross-claim for rent
  3. 3 Whether obligation to pay rent was abated or subject to condition precedent

Ratio Decidendi

The Settlement Deed's clause 2.3 operates to bar the claimants from invoking matters pleaded in the (Amended) Statement of Claim as an answer to the opponent's cross-claim for rent, as those claims were put to rest by the execution of the Settlement Deed and cannot be maintained in any form as a defence. The appeal was accordingly dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Grant leave to appeal.
  • Direct filing of notice of appeal tomorrow.