Australia and New Zealand Banking Group Ltd v Compagnie Noga D'importation Et D'exportation SA & Anor [2007] EWHC 293 (Comm) (21 February 2007)

Australia and New Zealand Banking Group Ltd v Compagnie Noga D'importation Et D'exportation SA & Anor [2007] EWHC 293 (Comm) (21 February 2007)

Clause 9 of the settlement agreement is valid and effective; it prohibits Noga from making allegations of dishonesty against ANZ in the specified proceedings. The clause is not contrary to public policy as it does not impede the prosecution of a crime, does not prevent pursuit of compensation, and is a legitimate arms-length settlement of civil proceedings.

Citation
[2007] EWHC 293 (Comm)
Parties
Claimant: Australia and New Zealand Banking Group Ltd; First Defendant: Compagnie Noga d'Importation et d'Exportation S.A.; Second Defendant: Nessim D Gaon
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Commercial Court Part 8 Claim / Judgment on Application for Declaration and Injunction Regarding Settlement Agreement
Outcome
Declaration granted; injunction and further orders refused.
Legal Topics
Settlement Agreements, Public Policy, Injunctions, Interpretation of Contracts
Contract Law Civil Procedure Settlement Agreements Public Policy Injunctions Interpretation of Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Australia and New Zealand Banking Group Ltd

Claimant

Compagnie Noga d'Importation et d'Exportation S.A.

First Defendant

Nessim D Gaon

Second Defendant

Procedural Posture

Commercial Court Part 8 Claim / Judgment on Application for Declaration and Injunction Regarding Settlement Agreement

Legal Issues

  1. 1 Whether clause 9 of the settlement agreement between ANZ and Noga is valid and effective
  2. 2 Whether the clause prohibiting allegations of dishonesty against ANZ is contrary to public policy and unenforceable

Ratio Decidendi

Clause 9 of the settlement agreement is valid and effective; it prohibits Noga from making allegations of dishonesty against ANZ in the specified proceedings. The clause is not contrary to public policy as it does not impede the prosecution of a crime, does not prevent pursuit of compensation, and is a legitimate arms-length settlement of civil proceedings.

Court Disposition

Declaration granted; injunction and further orders refused.

Orders

  • Declaration that clause 9 of the settlement agreement is valid and effective.