Sarb Management Group Pty Limited v Responsive Prospects Pty Limited [2016] NSWSC 1486

Sarb Management Group Pty Limited v Responsive Prospects Pty Limited [2016] NSWSC 1486

A binding agreement to settle the proceedings was made when the defendants' solicitor's email accepting the plaintiff's counter-offer (with specified amendments) was received, and the conduct of both parties demonstrated an intention to be contractually bound. No unconscionable conduct sufficient to set aside the agreement was established.

Jurisdiction
Australia
Judgment Date
18 October 2016
Procedural Posture
Civil / Notice of Motion for Determination of Settlement Agreement Under Section 73 Civil Procedure Act
Outcome
Proceedings determined to have been settled on certain terms; orders made giving effect to the settlement.
Legal Topics
['contract Formation' 'settlement of Proceedings' 'unconscionable Conduct' 'authority of Solicitors']
['equity' 'contract'] ['contract Formation' 'settlement of Proceedings' 'unconscionable Conduct' 'authority of Solicitors']

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Procedural Posture

Civil / Notice of Motion for Determination of Settlement Agreement Under Section 73 Civil Procedure Act

Legal Issues

  1. 1 ['Whether a binding settlement agreement was made between the parties' 'Whether parties intended to be contractually bound upon acceptance' 'Whether the agreement is liable to be set aside for unconscionability']

Ratio Decidendi

A binding agreement to settle the proceedings was made when the defendants' solicitor's email accepting the plaintiff's counter-offer (with specified amendments) was received, and the conduct of both parties demonstrated an intention to be contractually bound. No unconscionable conduct sufficient to set aside the agreement was established.

Court Disposition

Proceedings determined to have been settled on certain terms; orders made giving effect to the settlement.

Orders

  • ['Order under section 73 Civil Procedure Act that proceedings have been settled on terms made on 27 September 2016, including deed of settlement and release.' 'Orders 2, 3, 4 and 5 of the Short Minutes of Order reflecting judgment in accordance with orders 8, 9, 12 and 13 of the Summons.' "Defendants to pay...