O'Leary v Bryant [2004] NSWSC 1098

O'Leary v Bryant [2004] NSWSC 1098

No concluded contract of compromise arose from the correspondence, as material terms (time and means of payment, the effect of a third party claim, and execution of a deed of release) remained unresolved and further negotiation continued. The Notice of Motion is dismissed with costs.

Jurisdiction
Australia
Judgment Date
15 November 2004
Procedural Posture
Probate Proceedings / Notice of Motion Seeking Declaration of Compromise, Determination of Whether Proceedings Settled
Outcome
Notice of Motion dismissed with costs
Legal Topics
['practice and Procedure—notice of Motion—compromise of Proceedings' 'contract—formation—settlement Agreements in Litigation']
['equity' 'probate' 'civil Procedure'] ['practice and Procedure—notice of Motion—compromise of Proceedings' 'contract—formation—settlement Agreements in Litigation']

Case Brief

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Procedural Posture

Probate Proceedings / Notice of Motion Seeking Declaration of Compromise, Determination of Whether Proceedings Settled

Legal Issues

  1. 1 ['Whether the question of whether proceedings have been compromised should be decided on Notice of Motion' 'Whether a contract of compromise was formed from the course of correspondence between solicitors']

Ratio Decidendi

No concluded contract of compromise arose from the correspondence, as material terms (time and means of payment, the effect of a third party claim, and execution of a deed of release) remained unresolved and further negotiation continued. The Notice of Motion is dismissed with costs.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • ['Notice of Motion dismissed' 'Plaintiff to pay the costs of the Notice of Motion']