Recent Cases

Thumbiran v Silver Chef Rentals Pty Ltd; Thumbiran v Silver Chef Rentals Pty Ltd [2022] NSWCA 148 (11 August 2022) (Leeming, Brereton and Mitchelmore JJA)


PROCEDURE – compromises and settlements – litigation compromised by defendant accepting plaintiff’s offer – defendant declined to execute deed – Court determined binding settlement reached – Court then authorised Registrar to execute deed on defendant’s behalf – deed as executed by Registrar departed from terms of binding settlement – legal effect of recitals in deed – subsequent proceedings brought by defendant summarily dismissed – whether decision materially affected by deed – appeals allowed, deed ordered to be delivered up for cancellation