Mohareb v Jankulovski [2013] NSWCA 462

Mohareb v Jankulovski [2013] NSWCA 462

The applicant failed to demonstrate a seriously arguable error by the primary judge in concluding that the parties did not intend to be immediately bound by the agreement reached on 4 February 2013, as objectively evidenced by their words and conduct; accordingly, there was no binding settlement agreement and no basis to grant leave to appeal the refusal to enforce such an agreement. With respect to the order for security for costs, no sufficient grounds were shown to justify leave to appeal.

Jurisdiction
Australia
Judgment Date
11 December 2013
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders of Primary Judge
Outcome
Application for leave to appeal dismissed
Legal Topics
['leave to Appeal' 'settlement Agreement' 'specific Performance' 'security for Costs']
['civil Procedure' 'contract Law' 'defamation'] ['leave to Appeal' 'settlement Agreement' 'specific Performance' 'security for Costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders of Primary Judge

Legal Issues

  1. 1 ['Whether there was a binding settlement agreement between the parties on 4 February 2013' 'Whether the primary judge erred in refusing specific performance of the alleged settlement agreement' 'Whether the primary judge erred in ordering security for costs against the applicant']

Ratio Decidendi

The applicant failed to demonstrate a seriously arguable error by the primary judge in concluding that the parties did not intend to be immediately bound by the agreement reached on 4 February 2013, as objectively evidenced by their words and conduct; accordingly, there was no binding settlement agreement and no basis to grant leave to appeal the refusal to enforce such an agreement. With respect to the order for security for costs, no sufficient grounds were shown to justify leave to appeal.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['Application for leave to appeal dismissed' "Applicant to pay the respondents' costs of the application"]