Geko Internet v Geko [1999] NSWSC 345

Geko Internet v Geko [1999] NSWSC 345

A binding settlement agreement was concluded when the terms were orally agreed upon and the intention to be immediately bound was established, notwithstanding later documentation to formalise the terms. The plaintiff’s subsequent change of mind regarding the web search engine release did not vitiate the agreement.

Jurisdiction
Australia
Judgment Date
13 April 1999
Procedural Posture
Notice of Motion for Specific Performance / Interlocutory Hearing / Judgment on Enforcement of Settlement Agreement
Outcome
Specific performance of settlement agreement granted; defendants entitled to costs of motion.
Legal Topics
['specific Performance' 'settlement Agreements' 'intention to Contract']
['equity'] ['specific Performance' 'settlement Agreements' 'intention to Contract']

Case Brief

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Procedural Posture

Notice of Motion for Specific Performance / Interlocutory Hearing / Judgment on Enforcement of Settlement Agreement

Legal Issues

  1. 1 ['Whether a binding settlement agreement was reached between the plaintiff and second and third defendants' 'Whether specific performance of the settlement agreement should be granted']

Ratio Decidendi

A binding settlement agreement was concluded when the terms were orally agreed upon and the intention to be immediately bound was established, notwithstanding later documentation to formalise the terms. The plaintiff’s subsequent change of mind regarding the web search engine release did not vitiate the agreement.

Court Disposition

Specific performance of settlement agreement granted; defendants entitled to costs of motion.

Orders

  • ['Binding settlement agreement to be enforced; parties to prepare precise terms of the formal order consistent with the agreement.' 'Defendant to have costs of the notice of motion.']