Blazevic Holdings Pty Ltd v Warwick S Grave [2011] NSWSC 287

Supreme Court New South Wales

Medium Neutral Citation: Blazevic Holdings Pty Ltd v Warwick S Grave [2011] NSWSC 287 Hearing dates: 7 April 2011 Decision date: 14 April 2011 Jurisdiction: Equity Division Before: Nicholas J Decision: Par 43 Catchwords: CONTRACT - agreement to settle dispute between parties - deed of release - whether parties reached binding agreement Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 Cases Cited: Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61; (2001) 53 NSWLR 153 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 Category: Interlocutory applications Parties: Blazevic Holdings Pty Ltd - plaintiff Warwick S Grave - defendant Representation: Counsel: M Seck - plaintiff T Lynch - defendant Solicitors: DibbsBarker - plaintiff Swaab Attorneys - defendant File Number(s): 09/324672

Judgment 1By its notice of motion filed 10 March 2011 the plaintiff seeks a declaration that the parties reached a settlement agreement to finalise all matters between them as set out in the draft deed of release drafted by the defendant's solicitors. Alternative relief was also sought. 2The plaintiff relied on the affidavit of Mr Mitch Lozina sworn 9 March 2011. Mr Lozina was the plaintiff's counsel in the main proceedings. He was not required for cross-examination. 3The defendant's evidence was an ASIC search of Gradenco Pty Ltd (Gradenco) which showed that as at 5 April 2011 its directors and shareholders were the defendant and his wife, Julianne Grave.