Gomez v Kuhadas (No 2) [2015] FCA 561

FEDERAL COURT OF AUSTRALIA

Gomez v Kuhadas (No 2) [2015] FCA 561 Citation: Gomez v Kuhadas (No 2) [2015] FCA 561

Appeal from: Kuhadas v Gomez [2014] FCCA 1130

Parties: KEVIN BENNETT GOMEZ v VIVEKANANDA KUHADAS

File number(s): NSD 622 of 2014

Judge(s): GLEESON J

Date of judgment: 5 June 2015

Catchwords: BANKRUPTCY AND INSOLVENCY – whether bankruptcy notice should be set aside – where Singapore judgment registered in Supreme Court of New South Wales on application of appellant – where bankruptcy notice issued, founded upon orders of the Supreme Court of New South Wales – where appellant filed creditor's bankruptcy application in Singapore based upon Singapore judgment – where parties made an agreement by which appellant promised to, and did, withdraw bankruptcy application for consideration – whether agreement discharged respondent's obligation to perform Singapore judgment – decision to set aside bankruptcy notice upheld – Bankruptcy Act 1966 (Cth), s 30 CONTRACTS – construction of agreement – whether agreement amounted to accord and satisfaction by which Singapore judgment was discharged – where agreement did not explicitly address its effect on judgment – agreement intended to operate as accord and satisfaction – implied terms – whether term should be implied into agreement that respondent would be released of obligation to pay Singapore judgment debt upon coming into effect of agreement – where implied term would be reasonable and equitable – where alternative would not make commercial sense – where implied term consistent with express terms EVIDENCE – application to adduce further evidence – where evidence was available at time of trial – where evidence not such that result would probably have been different – whether significance of evidence apparent at time of trial – whether proposed evidence is relevant – additional evidence not received on appeal – Federal Court of Australia Act 1976 (Cth), s 27