Silver Chef Rentals Pty Ltd v Thumbiran [2020] NSWSC 605

Supreme Court New South Wales

Medium Neutral Citation: Silver Chef Rentals Pty Ltd v Thumbiran [2020] NSWSC 605 Hearing dates: On the papers Date of orders: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Equity Before: Darke J Decision: Order made under s 73 of the Civil Procedure Act 2005 (NSW) that proceedings as between plaintiff and first defendant were settled on certain terms. Catchwords: CIVIL PROCEDURE — compromises and settlements — plaintiff chargee gave undertaking on terms to withdraw caveat to allow completion of sale of defendant's property — plaintiff made subsequent offer to settle dispute — offer entailed different terms in relation to completion of sale — offer accepted by defendant — defendant claimed settlement agreement procured by duress or unconscionable conduct — held that making of offer did not amount to a threat not to comply with undertaking — held that no case of duress shown — held that plaintiff's conduct not unconscionable — order made under s 73 of Civil Procedure Act 2005 (NSW) that proceedings were settled on certain terms Legislation Cited: Civil Procedure Act 2005 (NSW), s 73 Real Property Act 1900 (NSW), s 74K Cases Cited: Australia and New Zealand Banking Group v Karam (2005) 64 NSWLR 149; [2005] NSWCA 344 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Masters v Cameron (1954) 91 CLR 353 Category: Procedural and other rulings Parties: Silver Chef Rentals Pty Ltd (Plaintiff) Trevelyn Thumbiran (First Defendant) Vanessa Thumbiran (Second Defendant) Registrar-General of NSW (Third Defendant) Representation: Counsel: Mr V Bedrossian (Plaintiff) Mr C Liedermann (First and Second Defendant)