In the matter of Hunter Distillery Pty Ltd [2022] NSWSC 948

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hunter Distillery Pty Ltd [2022] NSWSC 948 Hearing dates: 22 March 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Application dismissed, see paragraph [75] Catchwords: CONTRACT –– defendants' application for declaration that a binding agreement was entered into settling the proceedings and orders for specific performance of alleged agreement – where terms of alleged agreement were contained in defendants' solicitor's letter, to which plaintiffs' solicitor replied accepting "the proposed basis for settlement" and stating "I will commence drafting a deed" – whether previous correspondence between parties' solicitors outlining proposals for "settlement structure" included a deed of settlement - where alleged agreement did not address terms that parties continued to negotiate in without prejudice correspondence and draft deeds exchanged after the alleged agreement was entered into – held that the parties did not enter into a binding settlement agreement – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 73 Cases Cited: Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Feldman v GNM Australia Limited [2017] NSWCA 107 Masters v Cameron [1954] HCA 72; 91 CLR 353 Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313; 90 NSWLR 605 Category: Procedural rulings Parties: Peter Clarke (First Plaintiff and Cross-Defendant/ First Respondent) Hunter Distillery Pty Ltd (Second Plaintiff and Cross-Claimant/ Second Respondent) Pokolbin Properties 1 Pty Ltd (Third Plaintiff/ Third Respondent) Zdzislaw Joseph Slupik (First Defendant/ Applicant) Blakberry Pty Ltd (Second Defendant) Representation: Counsel: Mr G Carolan (Applicant) Mr M Ashhurst SC with Mr M Forgacs (Respondents)