4 Dec 2023
The settlement was approved because it was consistent with the purposes of the Criminal Proceeds (Recovery) Act 2009 and the overall interests of justice: it secures a significant recovery of unlawfully derived benefit, avoids further cost and delay, and serves a deterrent purpose, thereby justifying judicial approval under s95.
27 Jun 2023
The Court approved the Tomlin Order: proceedings are stayed by consent except for the purpose of carrying the Heads of Agreement into effect, and leave is granted to apply for further orders to implement those terms.
7 Mar 2022
The defendants executed and are bound by the settlement agreement, breached it by failing to pay the agreed $40,000 by the due date, and therefore plaintiffs are entitled to judgment for $40,000 plus interest at the contractually agreed rate of 10% per annum from 1 April 2020 and to solicitor and client costs for enforcement.
20 Dec 2021
Because all adult beneficiaries consented via the Deed of Settlement, the proposed variation (addition of clause 5.3) did not remove any vested interest of discretionary beneficiaries, the minor beneficiaries' interests were adequately represented by their parents, the trustees had power to sell under the deed and the orders were necessary and appropriate to implement a negotiated, interdependent settlement and wind up the trust, the Court exercised its discretion under s124 and s133 to approve the variation and direct the sale and distributions as stipulated in the Deed of Settlement.
26 Nov 2019
Defendant failed to satisfy the high threshold for leave to appeal: alleged errors were not shown to be sufficiently arguable or of sufficient public importance, defendant had full opportunity to be heard, balance of convenience and overall justice favoured the plaintiffs, and a stay would unduly prejudice plaintiffs; accordingly leave to appeal and stay were declined.
18 Dec 2015
The Court found that Mr Harrison, by entering into the record of settlement personally, arranging and instructing draft accounts, making personal representations that payment would be made and withdrawing funds, induced the respondent to rely to his detriment; in those circumstances it would be unconscionable for Mr Harrison to resile and equitable estoppel imposed personal liability on him. Accordingly the respondent was entitled to judgment against Mr Harrison personally (jointly and severally with WCHL) for USD52,312.26 plus costs and disbursements.
5 Dec 2013
The Court, exercising its discretion and on the parties' consent, approved the Tomlin Order, stayed all further proceedings except for the purpose of carrying the settlement terms into effect or enforcing them, and ordered that the court file may be accessed only by leave of a Judge.
8 Nov 2013
The defendant was entitled to recover scale 2B costs of $1,128 for the steps required to have the proceedings struck out because those steps were necessitated by the plaintiff's failure to file a notice of discontinuance after a full and final settlement; costs for the appearances when settlement was announced are covered by the settlement deed and are not recoverable from the plaintiff.
22 Jul 2013
The Court, by consent, approved the Tomlin order and ordered that all further proceedings be stayed except for carrying the agreed terms into effect or enforcing them, and reserved leave to apply on not less than seven days' notice.
4 Feb 2008
The settlement agreement expressly reserved Wasan's right to seek costs if the defendants failed to comply; the defendants failed to comply and gave no satisfactory instructions or basis for delay, so the court ordered costs in the agreed amount of $50,000, limited to that quantum and made jointly and severally against the first and second defendants; third defendant dismissed with no order as to costs; leave granted for solicitor to withdraw.