Worldwide Timber Traders Pty Ltd (ABN 93 009 384) v Brouwer (No 3) [2009] FCA 1172

Worldwide Timber Traders Pty Ltd (ABN 93 009 384) v Brouwer (No 3) [2009] FCA 1172

Judgment was entered for the applicant in the sum of $17,500 because the applicant had fully complied with the terms of the settlement agreement, while the respondents persistently refused to do so, justifying enforcement by judgment for the agreed amount.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 October 2009
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the applicant in the sum of $17,500; no order as to costs.
Legal Topics
['enforcement of Settlement Agreement' 'contracts' 'judgment Enforcement' 'costs']
['civil Procedure'] ['enforcement of Settlement Agreement' 'contracts' 'judgment Enforcement' 'costs']

Source-derived case record

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ["Whether the applicant is entitled to judgment for the amount agreed in the settlement agreement given the respondents' refusal to comply with its terms." "Whether the Court has power to enforce the settlement agreement in the absence of respondents' consent to judgment."]

Ratio Decidendi

Judgment was entered for the applicant in the sum of $17,500 because the applicant had fully complied with the terms of the settlement agreement, while the respondents persistently refused to do so, justifying enforcement by judgment for the agreed amount.

Court Disposition

Judgment for the applicant in the sum of $17,500; no order as to costs.

Orders

  • ['Judgment for the applicant in the sum of $17,500.' 'No order as to costs.']