NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ter Wisscha v Verlindan [2024] NSWSC 1184 Hearing dates: 16 September 2024 Date of orders: 18 September 2024 Decision date: 18 September 2024 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Pursuant to s 73 of the Civil Procedure Act 2005 (NSW), that the Court enter judgment for the plaintiff in the sum of $250,000.00 inclusive of the plaintiff's costs and disbursements, in accordance with the terms of the Consent Judgment annexed and marked "A". varied as follows: (a) 'payment of the settlement sum by the defendant is to be satisfied by payment of the settlement sum (less any amounts deducted and paid into Centrelink Australia or Medicare Australia in accordance with orders 2 and 3 below into court'; and (b) by removal of orders 6 (b) and 6 (c). (2) Plaintiff to pay the costs of the defendant, of and incidental to this Notice of Motion. (3) Lander & Rogers are to pay into Court, out of the monies currently in their trust account, as a consequence of the settlement of proceedings 2021/00276620-1, the sum of $250,000 less the money that is payable to Medicare and Centrelink, forthwith. Catchwords: Contractual interpretation – subsequent conduct – offer and acceptance – settlement agreement – objective intention – negotiations. Legislation Cited: Civil Procedure Act 2005 (NSW) s 73 Cases Cited: Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Baulkham Hills Private Hospital Pty Ltd v GR Securities (1986) 40 NSWLR 622 BJP1 v Salesian Society (Vic) Inc [2021] NSWSC 241 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; 251 CLR 640 GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313 Sinclair, Scott & Co v Naughton [1929] HCA 34; (1929) 43 CLR 310 Waugh v HB Clifford & Sons Ltd [1982] Ch 374, [1982] 1 All ER 1095 Category: Principal judgment Parties: David Ter Wisscha (Plaintiff) Ryan Verlinda (Defendant) Representation: Counsel:
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