Hiralal v Hiralal & Ors [2016] NSWSC 137

Hiralal v Hiralal & Ors [2016] NSWSC 137

Even accepting the first defendant's affidavit evidence, the 4 January 2016 conversation did not objectively indicate an intention to be immediately bound and left important matters unresolved, including the property to be purchased in India, its cost and location, reconciliation of estate figures, costs, court approval and further paperwork. The correspondence after 4 January 2016 was also inconsistent with an already concluded settlement. No binding settlement agreement was reached, so the defendants' notice of motion was dismissed with costs.

Jurisdiction
Australia
Judgment Date
22 February 2016
Procedural Posture
Practice and Procedure Application for Declaration Pursuant to S 73 Civil Procedure Act 2005 (nsw) That a Binding Settlement Agreement Was Entered Into / Defendants' Notice of Motion Filed on 19 February 2016 in Equity Duty List Before Listed Hearing
Outcome
Defendants' notice of motion dismissed with costs; parties given liberty to restore the matter to Lindsay J on reasonable notice.
Legal Topics
['binding Settlement Agreement' 'intention to Be Bound' 'incomplete Terms' 'dismissal of Notice of Motion' 'administration of Testamentary Trust']
['practice and Procedure' 'equity' 'trusts and Estates'] ['binding Settlement Agreement' 'intention to Be Bound' 'incomplete Terms' 'dismissal of Notice of Motion' 'administration of Testamentary Trust']

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Procedural Posture

Practice and Procedure Application for Declaration Pursuant to S 73 Civil Procedure Act 2005 (nsw) That a Binding Settlement Agreement Was Entered Into / Defendants' Notice of Motion Filed on 19 February 2016 in Equity Duty List Before Listed Hearing

Legal Issues

  1. 1 ['Whether the plaintiff and defendants reached a binding settlement agreement on 4 January 2016.' 'Whether the alleged agreed terms were sufficiently complete and evinced an objective intention to be immediately bound.' "Whether the defendants' notice of motion should be dismissed even assuming the first defendant's affidavit evidence were accepted."]

Ratio Decidendi

Even accepting the first defendant's affidavit evidence, the 4 January 2016 conversation did not objectively indicate an intention to be immediately bound and left important matters unresolved, including the property to be purchased in India, its cost and location, reconciliation of estate figures, costs, court approval and further paperwork. The correspondence after 4 January 2016 was also inconsistent with an already concluded settlement. No binding settlement agreement was reached, so the defendants' notice of motion was dismissed with costs.

Court Disposition

Defendants' notice of motion dismissed with costs; parties given liberty to restore the matter to Lindsay J on reasonable notice.

Orders

  • ["Order that the defendants' notice of motion filed on 19 February 2016 be dismissed with costs." "Give the parties liberty to restore the matter to Lindsay J on reasonable notice by arrangement with his Honour's associate."]