Pratap v Permanent Custodians Limited [2013] NSWSC 1918

Pratap v Permanent Custodians Limited [2013] NSWSC 1918

The Deed of Settlement was binding because the plaintiff, the first defendant and the second defendant had signed, sealed and unconditionally delivered it, and the third defendant's later execution did not impose any additional burden on the other parties. There was no material showing that the settlement was obtained unconscientiously or that the plaintiff's misunderstanding about confidentiality was known to the other parties before the Deed became binding.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Equity Division Proceedings Concerning Settlement of an Action by Deed / Three Notices of Motion Seeking Determination Whether the Proceedings Had Been Settled
Outcome
Settlement of action ordered; plaintiff's Motion dismissed; defendants' Motions allowed.
Legal Topics
['settlement by Deed' 'binding Effect of Deed Not Executed by All Parties' 'civil Procedure Act 2005 S 73' 'confidentiality Term in Settlement Deed']
['equity' 'civil Procedure' 'contract Law' 'deeds'] ['settlement by Deed' 'binding Effect of Deed Not Executed by All Parties' 'civil Procedure Act 2005 S 73' 'confidentiality Term in Settlement Deed']

Case Brief

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Procedural Posture

Equity Division Proceedings Concerning Settlement of an Action by Deed / Three Notices of Motion Seeking Determination Whether the Proceedings Had Been Settled

Legal Issues

  1. 1 ['Whether a Deed of Settlement executed by the plaintiff, the first defendant and the second defendant was binding when the third defendant had not executed it before the plaintiff sought to amend or withdraw from it.' 'Whether the Court should set aside or alter the Deed because the plaintiff did not understand the confidentiality restriction concerning speaking to the media.' 'Whether orders should be made under s 73 of the Civil Procedure Act 2005 that the proceedings had been settled.']

Ratio Decidendi

The Deed of Settlement was binding because the plaintiff, the first defendant and the second defendant had signed, sealed and unconditionally delivered it, and the third defendant's later execution did not impose any additional burden on the other parties. There was no material showing that the settlement was obtained unconscientiously or that the plaintiff's misunderstanding about confidentiality was known to the other parties before the Deed became binding.

Court Disposition

Settlement of action ordered; plaintiff's Motion dismissed; defendants' Motions allowed.

Orders

  • ['Pursuant to s 73 of Civil Procedure Act 2005, the proceedings have been settled in accordance with the terms of the Deed of Settlement executed by the plaintiff, the first and second defendants and exchanged on 4 June 2013.' 'The plaintiff is to pay the costs of the Motions filed by the first and third defendants...