Thai Airways International Public Company Ltd v Farag Menzies Aviation Group (Ground Services) Australia Pty Ltd v Thai Airways International Public Company Ltd [2011] NSWCA 172

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Thai Airways International Public Company Ltd v Farag Menzies Aviation Group (Ground Services) Australia Pty Ltd v Thai Airways International Public Company Ltd [2011] NSWCA 172 Hearing dates: 17 June 2011 Decision date: 17 June 2011 Before: Bathurst CJ at 1 & 27 ; Allsop P at 25 ; Tobias AJA at 26 Decision: In the matter 2010/99972-04: 1.Grant the applicants leave to appeal. 2.Order that within 14 days the applicants file a Notice of Appeal in the form contained behind Tab 6 of the White Book filed in connection with the application for Leave to Appeal. 3.Allow the appeal. 4.Order that the appellants and the first and second respondents within 28 days execute a Deed of Release in the form of the Deed of Release which is Annexure "I" to the affidavit of Mark Gray-Spencer sworn 11 June 2010 and filed in District Court proceedings 2010/00099972. 5.Order that within 7 days following the execution of the Deed of Release the first respondent file a Notice of Discontinuance of District Court proceedings 2010/00099972 so far as they are brought against the appellants and the second respondent. 6.Order that the first respondent pay the costs of the appellants and the second respondent in the court below to the extent that such costs were incurred after 9 May 2010. 7.Order that the first respondent pay the costs of the claimants and the second respondent of the application for leave to appeal and the appeal. 8.Grant the first respondent a certificate under the Suitors' Fund Act 1951 in respect of the costs of the appeal if otherwise qualified. In matter 2010/99972-05 I would make the following orders: 1.Grant the applicant leave to appeal. 2.Order that within 14 days the applicant file a Notice of Appeal in the form contained behind Tab 6 of the White Book filed in connection with the application for Leave to Appeal. 3.Allow the appeal. 4.Order that the appellant and the first, second and third respondents within 28 days execute a Deed of Release in the form of the Deed of Release which is Annexure "I" to the affidavit of Mark Gray-Spencer sworn 11 June 2010 and filed in District Court proceedings 2010/00099972. 5.Order that within 7 days following the execution of the Deed of Release the first respondent file a Notice of Discontinuance of District Court proceedings 2010/00099972 so far as they are brought against the appellant and the second and third respondents. 6.Order that the first respondent pay the costs of the appellant and the second and third respondents in the court below to the extent that such costs were incurred after 9 May 2010. 7.Order that the first respondent pay the costs of the appellant and the second and third respondents of the application for leave to appeal and the appeal. 8.Grant the first respondent a certificate under the Suitors' Fund Act 1951 in respect of the costs of the appeal if otherwise qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACTS - general contractual principles - repudiation - agreement to settle legal proceedings - party imposed time limit upon execution of settlement documents - whether imposition of time limit constituted repudiation