Gravern Holdings Pty Ltd v Yepp Rowing Pty Ltd [2014] FCA 41

Gravern Holdings Pty Ltd v Yepp Rowing Pty Ltd [2014] FCA 41

The applicants were entitled to reinstatement of the proceedings and judgment as the respondents breached the terms of settlement, which expressly provided for such relief; the Court has power to reinstate and enforce the settlement under the Federal Court of Australia Act 1976 (Cth) and the Federal Court Rules 2011.

Parties
First Applicant: Gravern Holdings Pty Ltd (ACN 122 388 345); Second Applicant: Dallas Howgate; Third Applicant: Michael Pound; Fourth Applicant: Camrob Pty Ltd (ACN 006 085 285); Fifth Applicant: Canary Pty Limited (ACN 055 109 932); Sixth Applicant: Brown and Brown Pty Ltd (ACN 062 025 781); Seventh Applicant: William Webster; Eighth Applicant: Mike McKay Corporation Pty Ltd (ACN 079 118 862); Ninth Applicant: Van Linden Pty Ltd (ACN 006 250 942); First Respondent: Yepp Rowing Pty Ltd (ACN 136 499 440); Second Respondent: Yepp Australia Pty Ltd (ACN 080 740 469); Third Respondent: Yepp Pty Ltd (ACN 086 462 482); Fourth Respondent: Thomson Australia Pty Ltd (ACN 074 602 887); Fifth Respondent: Peter Kenneth Thomson
Jurisdiction
Australia
Judgment Date
06 February 2014
Procedural Posture
Application for Reinstatement of Proceedings and Judgment on Settlement Terms / Post Settlement Enforcement; Determination of Application for Reinstatement and Judgment
Outcome
Proceedings reinstated; judgment for applicants against respondents for specified sums; costs to applicants; application for stay refused.
Legal Topics
Reinstatement of Proceedings, Judgment on Terms of Settlement, Breach of Settlement Agreement, Adjournment and Stay Applications
Practice and Procedure Commercial Law Reinstatement of Proceedings Judgment on Terms of Settlement Breach of Settlement Agreement Adjournment and Stay Applications

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Parties

Gravern Holdings Pty Ltd (ACN 122 388 345)

First Applicant

Dallas Howgate

Second Applicant

Michael Pound

Third Applicant

Camrob Pty Ltd (ACN 006 085 285)

Fourth Applicant

Canary Pty Limited (ACN 055 109 932)

Fifth Applicant

Brown and Brown Pty Ltd (ACN 062 025 781)

Sixth Applicant

William Webster

Seventh Applicant

Mike McKay Corporation Pty Ltd (ACN 079 118 862)

Eighth Applicant

Van Linden Pty Ltd (ACN 006 250 942)

Ninth Applicant

Yepp Rowing Pty Ltd (ACN 136 499 440)

First Respondent

Yepp Australia Pty Ltd (ACN 080 740 469)

Second Respondent

Yepp Pty Ltd (ACN 086 462 482)

Third Respondent

Thomson Australia Pty Ltd (ACN 074 602 887)

Fourth Respondent

Peter Kenneth Thomson

Fifth Respondent

Procedural Posture

Application for Reinstatement of Proceedings and Judgment on Settlement Terms / Post Settlement Enforcement; Determination of Application for Reinstatement and Judgment

Legal Issues

  1. 1 Whether proceedings should be reinstated to enforce the settlement
  2. 2 Whether judgment should be entered for applicants due to respondents' breach of settlement
  3. 3 Whether to grant adjournment or stay of the application

Ratio Decidendi

The applicants were entitled to reinstatement of the proceedings and judgment as the respondents breached the terms of settlement, which expressly provided for such relief; the Court has power to reinstate and enforce the settlement under the Federal Court of Australia Act 1976 (Cth) and the Federal Court Rules 2011.

Court Disposition

Proceedings reinstated; judgment for applicants against respondents for specified sums; costs to applicants; application for stay refused.

Orders

  • The proceeding be reinstated.
  • Judgment for the Applicants against the Respondents, jointly and severally, for specified amounts for each applicant.