Phontos v Tresedar Pty Limited & Ors [2013] NSWSC 1606

Phontos v Tresedar Pty Limited & Ors [2013] NSWSC 1606

The continuation of proceedings against PBC by the Tresedar parties does not constitute disparagement of Mr Phontos under the Deed of Release, as the Deed contemplated those proceedings continuing and Mr Phontos and PBC had distinct liabilities. Pleadings and litigation are privileged and do not amount to disparagement. The Deed released claims against Mr Phontos and LawCover but not PBC. Injunctions were not appropriate as damages would be adequate and Mr Phontos was not a party to the Deed.

Jurisdiction
Australia
Judgment Date
16 October 2013
Procedural Posture
Amended Summons / Final Hearing
Outcome
Amended Summons dismissed with costs.
Legal Topics
['deed of Settlement' 'release' 'non Disparagement Clause' 'construction Litigation']
['contracts' 'equity'] ['deed of Settlement' 'release' 'non Disparagement Clause' 'construction Litigation']

Case Brief

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Procedural Posture

Amended Summons / Final Hearing

Legal Issues

  1. 1 ['Whether continuation of proceedings against PBC constituted disparagement of Mr Phontos under the Deed of Release' 'Whether release of Mr Phontos operated as release of PBC' 'Whether pleadings and oral statements amounted to disparagement within the meaning of the Deed' 'Whether injunctions were appropriate remedies']

Ratio Decidendi

The continuation of proceedings against PBC by the Tresedar parties does not constitute disparagement of Mr Phontos under the Deed of Release, as the Deed contemplated those proceedings continuing and Mr Phontos and PBC had distinct liabilities. Pleadings and litigation are privileged and do not amount to disparagement. The Deed released claims against Mr Phontos and LawCover but not PBC. Injunctions were not appropriate as damages would be adequate and Mr Phontos was not a party to the Deed.

Court Disposition

Amended Summons dismissed with costs.

Orders

  • ['Amended Summons dismissed with costs.']