NSW Caselaw
New South Wales Supreme Court
CITATION : Zreika v QBE Workers Compensation [2005] NSWSC 573
HEARING DATE(S) : 13 May 2005
JUDGMENT DATE : 17 June 2005
JURISDICTION : Equity Division
JUDGMENT OF : Burchett AJ at 1
DECISION : Settlement agreement held complete, certain and enforceable. Orders to be made with costs pursuant to short minutes to be brought in
CATCHWORDS : CONTRACT - contract of settlement of worker's compensation proceeding - whether contract was incomplete or uncertain, or lacked intention to be bound, where settlement required execution of Terms, Release, Admissions and Agreed Facts which had not been settled - whether it could be implied that defendants' solicitors would draft documents to contain no unreasonable demands on the plaintiff, forms called "settlement packs" used by the defendant being in existence - principles relating to uncertainty and incompleteness of contract - circumstances in which an apparently incomplete term could be read as implying a provision of reasonableness so as to give it sufficient clarity of meaning - effect on agreement to settle section of worker's compensation legislation forbidding contracting out
Workers Compensation (General) Regulation 1995, reg 82 LEGISLATION CITED : Carter and Harland, Contract Law in Australia, (4th ed, 2002) at sec 258 Cheshire and Fifoot's Law of Contract (8th Australian ed., 2002) at secs. 6.5 - 6.6
Anaconda Nickel Ltd v Tarmoola Australia Pty Ltd (2000) 22 WAR 101 Art Coating Pty Ltd v Gerace [2000] NSWCA 169 Ashenden v Stewarts & Lloyds (Australia) Ltd [1972] 2 NSWLR 484 Australian Iron & Steel Pty Limited v McAuley (Court of Appeal, unreported, Kirby P, Mahoney and Priestley JJA, 21 December 1984) Booker Industries Proprietary Limited v Wilson Parking (Qld) Proprietary Limited (1982) 149 CLR 600 Greater London Council v Connolly [1970] 2 QB 100 CASES CITED : Hammond v Vam Ltd [1972] 2 NSWLR 1 In Baltic Shipping Company v Dillon (the "Mikhail Lermontov") (1991) 22 NSWLR 1 Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749 Meehan v Jones (1982) 149 CLR 571 The Council of the Upper Hunter County & District v Australian Chilling and Freezing Co Limited (1968) 118 CLR 429 The Council of the Upper Hunter County District v Australian Chilling and Freezing Co Limited at 436-437 Trawl Industries of Australia Pty Ltd v Effem Foods Pty Ltd (1992) 27 NSWLR 326
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