Ter Wisscha v Verlindan [2024] NSWSC 1184

Ter Wisscha v Verlindan [2024] NSWSC 1184

There was a binding contract formed between the parties for payment to the plaintiff of $250,000 inclusive of costs. The objective intention, as manifested by communications between solicitors, established that the parties intended to be immediately bound. Due to competing claims on the settlement funds, the net sum after deductions to Centrelink and Medicare is to be paid into court.

Parties
Plaintiff: David Ter Wisscha; Defendant: Ryan Verlindan
Jurisdiction
Australia
Judgment Date
18 September 2024
Procedural Posture
Civil / Judgment on Notice of Motion to Enforce Settlement and Determine Entitlement to Settlement Funds
Outcome
Judgment for the plaintiff in the sum of $250,000 (inclusive of costs and disbursements); plaintiff to pay defendant's costs of the Notice of Motion; net settlement sum less Medicare and Centrelink to be paid into court.
Legal Topics
Contractual Interpretation, Settlement Agreements, Enforcement of Judgments, Objective Intention, Mediation Settlements
Contract Law Civil Procedure Contractual Interpretation Settlement Agreements Enforcement of Judgments Objective Intention Mediation Settlements

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Parties

David Ter Wisscha

Plaintiff

Ryan Verlindan

Defendant

Procedural Posture

Civil / Judgment on Notice of Motion to Enforce Settlement and Determine Entitlement to Settlement Funds

Legal Issues

  1. 1 Whether a binding and enforceable settlement agreement was formed between the parties
  2. 2 Whether payment of the settlement sum should be paid into court given competing liens over the funds

Ratio Decidendi

There was a binding contract formed between the parties for payment to the plaintiff of $250,000 inclusive of costs. The objective intention, as manifested by communications between solicitors, established that the parties intended to be immediately bound. Due to competing claims on the settlement funds, the net sum after deductions to Centrelink and Medicare is to be paid into court.

Court Disposition

Judgment for the plaintiff in the sum of $250,000 (inclusive of costs and disbursements); plaintiff to pay defendant's costs of the Notice of Motion; net settlement sum less Medicare and Centrelink to be paid into court.

Orders

  • Pursuant to s 73 of the Civil Procedure Act 2005 (NSW), Court enters judgment for the plaintiff in the sum of $250,000.00 inclusive of costs and disbursements, in accordance with the terms of the Consent Judgment annexed as 'A' and varied as specified.
  • Payment of settlement sum by defendant is to be satisfied by payment of the net sum (less amounts deducted and paid into Centrelink Australia or Medicare Australia) into court.