NSW Caselaw
New South Wales Court of Appeal
CITATION: Vero Insurance Ltd v Tran [2008] NSWCA 358
HEARING DATE(S): 15 December 2008 JUDGMENT OF: Macfarlan JA at 1, 20, 22; Gyles AJA at 2; Handley AJA at 21
EX TEMPORE JUDGMENT DATE: 15 December 2008
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACTS - specific performance - where memorandum setting agreement of mediation contained unfinalised parts - whether memorandum an enforceable agreement or merely an agreement to agree - construction of clauses of agreement to mediate as to means of reaching settlement - MEDIATION - where memorandum setting agreement of mediation contained unfinalised parts - whether memorandum an enforceable agreement or merely an agreement to agree - construction of clauses of agreement to mediate as to means of reaching settlement
CATEGORY: Principal judgment
Vero Insurance Ltd - Appellant Minh Ai Tran - First Respondent Thi Nguyen Phan - Second Respondent PARTIES: Full Brick Homes Pty Limited (ACN 063 559 946) - Third Respondent Martin Barratt - Fourth Respondent Maureen Barratt - Fifth Respondent Ian Harley Bailey - Sixth Respondent
FILE NUMBER(S): CA 40125/08
COUNSEL: TGR Parker SC and PJ Bambagiotti - Appellant F Corsaro SC and B Bradley - First and Second Respondents
SOLICITORS: Mills Oakley - Appellant Just in Case Legal - First and Second Respondents
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 5172/06
LOWER COURT JUDICIAL OFFICER: Hamilton J
LOWER COURT DATE OF DECISION: 22 April 2008
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