Yu v Yu [2020] NSWSC 1904

Yu v Yu [2020] NSWSC 1904

The Principal Heads of Agreement and Collateral Heads of Agreement entered into by the parties are binding and enforceable as between those parties; the prior dismissal by consent of an earlier notice of motion does not bar the current application by res judicata or cause of action estoppel; no implied condition precedent or operative common mistake vitiates the agreements; performance of the agreements is ordered under s 73 Civil Procedure Act 2005 (NSW), subject to the parties' statutory disclosure obligations and consideration of costs.

Jurisdiction
Australia
Judgment Date
22 December 2020
Procedural Posture
Equity Family Provision List / Interlocutory Decision on Notice of Motion Under S 73 Civil Procedure Act 2005 (nsw)
Outcome
Declaration and orders made enforcing the agreements; costs orders subject to written submissions.
Legal Topics
['enforcement of Settlement' 'common Mistake' 'family Provision' 'probate Practice' 'res Judicata' 'contract Formation and Construction']
['equity' 'probate' 'contract'] ['enforcement of Settlement' 'common Mistake' 'family Provision' 'probate Practice' 'res Judicata' 'contract Formation and Construction']

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Procedural Posture

Equity Family Provision List / Interlocutory Decision on Notice of Motion Under S 73 Civil Procedure Act 2005 (nsw)

Legal Issues

  1. 1 ['Whether settlement agreements (Principal and Collateral Heads of Agreement) are binding and enforceable under s 73 Civil Procedure Act 2005 (NSW)' 'Whether prior dismissal by consent gives rise to res judicata or cause of action estoppel' 'Whether the agreements are void or voidable by common mistake' 'Whether an implied condition precedent concerning the assets of the estate existed and was not fulfilled' 'Whether enforcement is precluded by illegality or because the Attorney-General was not party']

Ratio Decidendi

The Principal Heads of Agreement and Collateral Heads of Agreement entered into by the parties are binding and enforceable as between those parties; the prior dismissal by consent of an earlier notice of motion does not bar the current application by res judicata or cause of action estoppel; no implied condition precedent or operative common mistake vitiates the agreements; performance of the agreements is ordered under s 73 Civil Procedure Act 2005 (NSW), subject to the parties' statutory disclosure obligations and consideration of costs.

Court Disposition

Declaration and orders made enforcing the agreements; costs orders subject to written submissions.

Orders

  • ['Declaration that the Principal Heads of Agreement and Collateral Heads of Agreement dated 10 April 2019 are binding as between the plaintiff/cross-defendant, first defendant/first cross-claimant, and second cross-claimant.' 'Order that the agreements be performed in accordance with their terms.' 'Liberty to...