Australia and New Zealand Banking Group Ltd v Compagnie Noga D'importation Et D'exportation SA & Anor

Australia and New Zealand Banking Group Ltd v Compagnie Noga D'importation Et D'exportation SA & Anor

Clause 9 of the settlement agreement is valid and enforceable; it prohibits Noga from making allegations of dishonesty against ANZ in the proceedings, and such a restraint is not contrary to public policy as it does not interfere with the administration of justice or the prosecution of a crime, but merely settles private civil claims.

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 Civil Action / Judgment on Application for Declaration and Injunction Regarding Settlement Agreement
Outcome
Declaration granted as to the validity of the settlement agreement; injunction and further orders refused.
Legal Topics
Settlement Agreements, Public Policy, Injunctions, Non Repetition Clauses, Allegations of Dishonesty
Contract Law Civil Procedure Settlement Agreements Public Policy Injunctions Non Repetition Clauses Allegations of Dishonesty

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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 Civil Action / 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 enforceable
  2. 2 Whether the clause prohibiting allegations of dishonesty against ANZ is contrary to public policy

Ratio Decidendi

Clause 9 of the settlement agreement is valid and enforceable; it prohibits Noga from making allegations of dishonesty against ANZ in the proceedings, and such a restraint is not contrary to public policy as it does not interfere with the administration of justice or the prosecution of a crime, but merely settles private civil claims.

Court Disposition

Declaration granted as to the validity of the settlement agreement; injunction and further orders refused.

Orders

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