Rashed v Perpetual Trustees Victoria Ltd [2010] FCA 1046

Rashed v Perpetual Trustees Victoria Ltd [2010] FCA 1046

Judgment was entered against the second respondent for failure to pay $40,000 as required by a binding settlement agreement, with interest and costs, because the terms and conditions precedent were satisfied, service requirements met, and failure to pay was proven.

Parties
Applicant: Rasmia Rashed; First Respondent: Perpetual Trustees Victoria Ltd (ACN 004 027 258); Second Respondent: Matthew Kilpatrick
Jurisdiction
Australia
Judgment Date
31 August 2010
Procedural Posture
Civil / Judgment Upon Notice of Motion for Entry of Judgment
Outcome
Judgment entered for applicant against second respondent
Legal Topics
Service of Documents, Solicitor Ceasing to Act, Judgment Terms of Settlement, Payment Method Specification, Interest Calculation
Practice and Procedure Courts and Judges Debtor and Creditor Service of Documents Solicitor Ceasing to Act Judgment Terms of Settlement Payment Method Specification Interest Calculation

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Parties

Rasmia Rashed

Applicant

Perpetual Trustees Victoria Ltd (ACN 004 027 258)

First Respondent

Matthew Kilpatrick

Second Respondent

Procedural Posture

Civil / Judgment Upon Notice of Motion for Entry of Judgment

Legal Issues

  1. 1 Whether service by post was effective
  2. 2 Whether solicitor remained on record without affidavit of seven days' notice
  3. 3 Whether condition precedent to settlement was satisfied

Ratio Decidendi

Judgment was entered against the second respondent for failure to pay $40,000 as required by a binding settlement agreement, with interest and costs, because the terms and conditions precedent were satisfied, service requirements met, and failure to pay was proven.

Court Disposition

Judgment entered for applicant against second respondent

Orders

  • Judgment for applicant against second respondent in the sum of $40,000 plus interest of $326.03
  • Second respondent to pay applicant's costs of the notice of motion filed on 17 August 2010