Eckford v Six Mile Creek Pty Ltd [2019] FCA 982

Eckford v Six Mile Creek Pty Ltd [2019] FCA 982

On an objective assessment of the parties’ words and conduct, the intention was not to be bound unless and until a Deed of Settlement and Release was executed and delivered; the matter falls into the third class of Masters v Cameron, so no binding contract to settle the proceedings was formed.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Interlocutory Application / Dismissal of Interlocutory Application Before Trial
Outcome
Interlocutory application dismissed with costs
Legal Topics
['binding Settlement Agreements' 'intention to Be Legally Bound' 'masters V Cameron Classifications']
['contracts' 'commercial Law'] ['binding Settlement Agreements' 'intention to Be Legally Bound' 'masters V Cameron Classifications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Dismissal of Interlocutory Application Before Trial

Legal Issues

  1. 1 ['Whether the parties entered into a binding contract to settle the proceedings on certain terms']

Ratio Decidendi

On an objective assessment of the parties’ words and conduct, the intention was not to be bound unless and until a Deed of Settlement and Release was executed and delivered; the matter falls into the third class of Masters v Cameron, so no binding contract to settle the proceedings was formed.

Court Disposition

Interlocutory application dismissed with costs

Orders

  • ['The interlocutory application dated 13 June 2019 be dismissed.' "The applicant pay the respondent's costs of the interlocutory application as agreed or taxed."]