GEE v REA [1992] NSWCA 73

GEE v REA [1992] NSWCA 73

A binding settlement agreement disposing of the appeal was reached by correspondence on 28 May 1992; the agreement was not conditional on execution or form of consent orders and thus bars further prosecution of the appeal.

Parties
Appellant: Gee; Respondent: Rea
Jurisdiction
Australia
Judgment Date
04 June 1992
Procedural Posture
Appeal / Motion on Preliminary Point in Court of Appeal
Outcome
Motion upheld; appeal dismissed as settled; no order as to costs for appeal; costs of motion awarded to respondent.
Legal Topics
Settlement of Litigation, Offer and Acceptance, Binding Agreement, Agreement to Agree
Contract Law Settlement of Litigation Offer and Acceptance Binding Agreement Agreement to Agree

Case Brief

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Parties

Gee

Appellant

Rea

Respondent

Procedural Posture

Appeal / Motion on Preliminary Point in Court of Appeal

Legal Issues

  1. 1 Whether there was a binding settlement agreement between the parties terminating the appeal
  2. 2 Whether the agreement was conditional on the formal consent orders or mere agreement to agree

Ratio Decidendi

A binding settlement agreement disposing of the appeal was reached by correspondence on 28 May 1992; the agreement was not conditional on execution or form of consent orders and thus bars further prosecution of the appeal.

Court Disposition

Motion upheld; appeal dismissed as settled; no order as to costs for appeal; costs of motion awarded to respondent.

Orders

  • Motion upheld; the opponent to pay the costs of the motion.
  • Appeal dismissed as agreed; no order as to costs.