Locnere Pty Ltd & Anor v Jakk's Bagel & Bread Co Pty Ltd [2003] NSWSC 1123

New South Wales Supreme Court

CITATION : Locnere Pty Ltd & Anor v Jakk's Bagel & Bread Co Pty Ltd [2003] NSWSC 1123 HEARING DATE(S) : 21 November, 2003 JUDGMENT DATE : 21 November 2003 JURISDICTION: Equity Division JUDGMENT OF : Palmer J DECISION : Summons dismissed, no order as to costs.

CATCHWORDS : CONTRACT - Parties agree on terms for compromise of proceeds - terms to be as in Deed to be exchanged - whether later correspondence results in binding informal contract - COSTS - Defendant agrees on all terms of contract but reneges on agreement before contract becomes binding - Defendant's conduct not illegal but unmeritorious - Defendant deprived of costs order. CASES CITED : Masters v. Cameron (1954) 91 CLR 353 Locnere Pty LTd - First Plaintiff PARTIES : Fabian Sutton - Second Plaintiff Jakk's Bagel and Bread Co Pty Ltd - Defendant FILE NUMBER(S) : SC 4879/03 COUNSEL : R.I. Goodridge - Plaintiffs R.A. Parsons - Defendant SOLICITORS : Employment Lawyers - Plaintiffs Tsolakis Solicitors - Defendant

Ex tempore

1 The Plaintiffs seek a declaration that there has been a binding agreement made between them for the settlement of proceedings in the Industrial Relations Commission of New South Wales. By their Summons, the Plaintiffs seek an order for specific performance directing the Defendant to do all things necessary to execute the Deed of Release. 2 The circumstances maybe briefly recounted. The Plaintiffs commenced proceedings in the Industrial Commission on 22 September 2002. Various interlocutory steps occurred thereafter. On 19 June 2003 a conciliation conference was conducted by Schmidt J. On that day, directions were made by Schmidt J in accordance with a document signed by the solicitor for the applicants and counsel for the respondents in the following terms. "The court notes: