LAHOUD v B AND M QUALITY CONSTRUCTIONS PTY LTD [1994] NSWCA 174

LAHOUD v B AND M QUALITY CONSTRUCTIONS PTY LTD [1994] NSWCA 174

Issues of fact regarding the nature of the settlement must be determined by the Equity Division, not by the Court of Appeal; Court orders the matter to be referred back and temporarily extends the caveat for seven days.

Parties
Plaintiff: Lahoud; Defendant: B & M Quality Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
04 July 1994
Procedural Posture
Application / Referral
Outcome
Matter referred back to Equity Division; caveat extended for seven days; costs to be dealt with by judge finally determining the application.
Legal Topics
Specific Performance, Caveats, Settlement Agreements
Property Law Equity Specific Performance Caveats Settlement Agreements

Case Brief

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Parties

Lahoud

Plaintiff

B & M Quality Constructions Pty Ltd

Defendant

Procedural Posture

Application / Referral

Legal Issues

  1. 1 Whether the settlement constituted an overall release by agreement or only settlement pursuant to specific orders
  2. 2 Whether the caveat should be extended during the pendency of the appeal

Ratio Decidendi

Issues of fact regarding the nature of the settlement must be determined by the Equity Division, not by the Court of Appeal; Court orders the matter to be referred back and temporarily extends the caveat for seven days.

Court Disposition

Matter referred back to Equity Division; caveat extended for seven days; costs to be dealt with by judge finally determining the application.

Orders

  • Matter returned to Equity Division to be dealt with by appropriate judge.
  • Caveat extended for seven days.