Stekovic v Radovanovic [2023] NSWSC 1471

Stekovic v Radovanovic [2023] NSWSC 1471

The objective intention of the parties was to be immediately bound by the terms of the counter offer made on 2 June 2022, which was unequivocally accepted on 3 June 2022. The parties' words and conduct demonstrated the formation of a binding settlement agreement, falling within the first or fourth category of Masters v Cameron. The contemplated Deed was a recordal of terms, not a condition precedent to the contract.

Parties
First Plaintiff: Milivoj Stekovic; Second Plaintiff: Jovanka Stekovic; Defendant: Goran Radovanovic
Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Civil / Principal Judgment
Outcome
Declaration of immediately binding settlement agreement in favour of plaintiffs
Legal Topics
Contract Formation, Settlement Agreements, Calderbank Offers, Specific Performance
Equity Contract Law Contract Formation Settlement Agreements Calderbank Offers Specific Performance

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Parties

Milivoj Stekovic

First Plaintiff

Jovanka Stekovic

Second Plaintiff

Goran Radovanovic

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether parties reached a binding agreement to settle proceedings
  2. 2 Whether acceptance of Calderbank offer constituted a binding contract
  3. 3 Application of Masters v Cameron principles

Ratio Decidendi

The objective intention of the parties was to be immediately bound by the terms of the counter offer made on 2 June 2022, which was unequivocally accepted on 3 June 2022. The parties' words and conduct demonstrated the formation of a binding settlement agreement, falling within the first or fourth category of Masters v Cameron. The contemplated Deed was a recordal of terms, not a condition precedent to the contract.

Court Disposition

Declaration of immediately binding settlement agreement in favour of plaintiffs

Orders

  • Declaration that an immediately binding settlement agreement arose between the parties on 3 June 2022 with acceptance of the counter offer made on 2 June 2022
  • Parties to attempt to agree short minutes reflecting the reasons including any claim for specific performance, interest up to judgment, and costs within 7 days; otherwise orders to be determined after further submissions