Franklins Ltd v Reject Shop (Aust) Pty Ltd [1998] FCA 677

Franklins Ltd v Reject Shop (Aust) Pty Ltd [1998] FCA 677

The Court found, on the objective evidence, that the agreement reached at the 6 August 1997 meeting was intended by all parties to settle and did settle all claims and cross-claims then subsisting between the parties to the action.

Parties
Applicant: Franklins Limited (ACN 000 929 902); Respondent / First Cross Claimant: The Reject Shop (Aust) Pty Ltd (ACN 066 122 676); First Cross Respondent: Nevera Pty Ltd (ACN 006 532 734); Second Cross Respondent / Second Cross Claimant: Australia Pacific Trading Pty Ltd (ACN 070 889 913); Third Cross Respondent / Third Cross Claimant: Newnham Trucking Pty Ltd (ACN 006 149 444); Fourth Cross Respondent: Graeme Charles Newnham
Jurisdiction
Australia
Judgment Date
10 June 1998
Procedural Posture
Preliminary Determination Within Multi Party Action (contract/trade Practices) / Trial on Preliminary Question
Outcome
Preliminary question answered in the affirmative: all claims and cross-claims settled by the 6 August 1997 agreement.
Legal Topics
Settlement Agreements, Scope of Compromise, Enforcement of Settlements
Contract Law Civil Procedure Intellectual Property Trade Practices Settlement Agreements Scope of Compromise Enforcement of Settlements

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Parties

Franklins Limited (ACN 000 929 902)

Applicant

The Reject Shop (Aust) Pty Ltd (ACN 066 122 676)

Respondent / First Cross Claimant

Nevera Pty Ltd (ACN 006 532 734)

First Cross Respondent

Australia Pacific Trading Pty Ltd (ACN 070 889 913)

Second Cross Respondent / Second Cross Claimant

Newnham Trucking Pty Ltd (ACN 006 149 444)

Third Cross Respondent / Third Cross Claimant

Graeme Charles Newnham

Fourth Cross Respondent

Procedural Posture

Preliminary Determination Within Multi Party Action (contract/trade Practices) / Trial on Preliminary Question

Legal Issues

  1. 1 Whether agreement reached on 6 August 1997 settled all claims and cross-claims between the parties or only primary and first cross-claim

Ratio Decidendi

The Court found, on the objective evidence, that the agreement reached at the 6 August 1997 meeting was intended by all parties to settle and did settle all claims and cross-claims then subsisting between the parties to the action.

Court Disposition

Preliminary question answered in the affirmative: all claims and cross-claims settled by the 6 August 1997 agreement.

Orders

  • The preliminary question 'Did the terms of the agreement reached on 6 August 1997 settle all claims and cross-claims between the parties' is answered in the affirmative.
  • Australia Pacific Trading Pty Ltd is to pay the third and fourth cross-respondents' costs of the preliminary question, to be taxed if not agreed.