Boral Resources (NSW) Pty Ltd v Armitt [2024] NSWSC 554

Supreme Court New South Wales

Medium Neutral Citation: Boral Resources (NSW) Pty Ltd v Armitt [2024] NSWSC 554 Hearing dates: 1, 2 and 3 May 2024 Date of orders: 3 May 2024 Decision date: 03 May 2024 Jurisdiction: Equity - Real Property List Before: Parker J Decision: See [98] Catchwords: CONTRACT – compromise of proceedings – settlement deed negotiated following informal agreement at mediation – application to set aside settlement deed – alleged departure from informal agreement and pressure from party's own lawyers to settle – undue influence – unconscionable conduct – economic duress – application to set aside settlement deed refused – orders made for enforcement of terms of settlement COSTS – party/party - general rule that costs follow the event – claim and cross-claim involving different parties – general costs of proceedings to follow event of cross-claim - contractual right to indemnity costs of cross-claim – indemnity costs awarded on cross-claim only Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Herron v McGregor (1986) 6 NSWLR 246 Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 Texts Cited: Heydon, JD, Leeming, MJ and Turner, PG, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (LexisNexis Butterworths, 5th ed, 2015) J P Hamilton, G Lindsay, C Webster, NSW Civil Procedure (Looseleaf, Thomson Reuters) JD Heydon, Heydon on Contract, (2019, Thomson Reuters) P Keane, Spencer Bower and Handley: Res Judicata (6th ed, LexisNexis, 2024) Category: Principal judgment Parties: Statement of Claim filed 13 March 2023 Boral Resources (NSW) Pty Limited (Plaintiff) Barry Donald Armitt (First Defendant) Emily Louise Armitt (Second Defendant) Jeremy Maxwell Armitt (Third Defendant) Shaun Donald Armitt (Fourth Defendant)