Federal Court of Australia
Federal Court of Australia
Soden v Soden [2024] FCA 1085 File number: QUD 29 of 2023
Judgment of: DERRINGTON J
Date of judgment: 12 September 2024
Date of publication of reasons: 18 September 2024
Catchwords: PRACTICE AND PROCEDURE – application by plaintiff to enforce settlement agreement entered into with defendants in relation to the proceedings – where no dispute that settlement was reached – where breaches of settlement agreement alleged – where defendants otherwise appear to be avoiding their obligations under the agreement – declarations made
Legislation: Federal Court of Australia Act 1976 (Cth)
Cases cited: AG Cowley Holdings Pty Ltd v Central City Pty Ltd (2010) 183 FCR 102 Macteldir Pty Ltd v Dimovski (2005) 226 ALR 773 We Two Pty Ltd v Shorrock (No 2) (2005) 220 ALR 749
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 17
Date of hearing: 2 July and 12 September 2024
Counsel for the Plaintiff: Mr S Hogg
Solicitor for the Plaintiff: Pennisi Zia Lawyers
Solicitor for the Defendants: Mr P Sayer of QLD Law Group
ORDERS QUD 29 of 2023
BETWEEN: XENON SODEN Plaintiff
AND: LUKE SODEN First Defendant
DR PICKLES PTY LTD Second Defendant
order made by: DERRINGTON J DATE OF ORDER: 12 SEPTEMBER 2024
THE COURT DECLARES THAT:
1. The parties have compromised the proceeding by, between 15 and 22 December 2023 entering into a contract whereby it was agreed that: (a) The second defendant would pay the amount outstanding on the plaintiff's Optus account. (b) The defendants were to provide confirmation of payment of the plaintiff's Optus account by 29 December 2023. (c) The first defendant would indemnify the plaintiff as regards the amount of $50,000 that the plaintiff caused to be paid to himself from the second defendant's PayPal account. (d) By 15 January 2024, the second defendant was to provide the plaintiff with a breakdown of the superannuation payments it has made to the plaintiff's superannuation account. (e) In the event the second defendant had not paid the plaintiff's superannuation it must do so within 14 days of being notified that the plaintiff's superannuation had not been paid in full. 2. The terms of the settlement agreement between the parties referred to in paragraph 1 were more comprehensively described in the draft deed of settlement which appears at exhibit MR-17 to the affidavit of Matthew Robinson filed in support of the plaintiff's application.
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