NSW Caselaw
New South Wales Supreme Court
CITATION : Kallinicos & anor v Hunt & ors [2008] NSWSC 149
HEARING DATE(S) : 18 February 2008
JUDGMENT DATE : 18 February 2008
JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 18 February 2008
DECISION : The obligation to pay the settlement sum was an independent obligation. The whole sum was accelerated. The acceleration was not void as a penalty. Judgment for plaintiffs for $900,000.
CATCHWORDS : COMPROMISE AND SETTLEMENT – determination of questions relating to compromise in proceedings – whether obligation to pay settlement sum independent or conditional on prior satisfaction of other provisions – whether upon proper construction payment of entire settlement sum accelerated – if so, whether acceleration void as a penalty.
LEGISLATION CITED : (NSW) Civil Procedure Act 2005, ss 29, 73
CATEGORY : Principal judgment
Lamson Store Service Co Ltd v Russell Wilkins & Sons Ltd (1906) 4 CLR 672 CASES CITED : O'Dea v Allstates Leasing System (WA) Pty Ltd (1983) 152 CLR 359 The Protector Endowment Loan & Annuity Co v Grice (1880) 5 QBD 592 Wallingford v Mutual Society (1880) 5 App Cas 685
Peter Kallinicos (first plaintiff) Chepan Pty Ltd (second plaintiff) Peter Anthony Hunt (first defendant) PARTIES : Dibsenta Pty Ltd (second defendant) Randall Pty Ltd (third defendant) P & K Corporation Pty Ltd (fourth defendant) Rowntree Properties (fifth defendant)
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