National Australia Bank Ltd v Sayed (No 3) [2012] NSWSC 1470

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Sayed (No 3) [2012] NSWSC 1470 Hearing dates: 22 October 2012 Decision date: 22 October 2012 Jurisdiction: Common Law Before: Rein J Decision: Settlement reached between the parties objectively included mutual releases of the bank itself and its servants and agents. Costs of the motion payable by the defendants as enforcement costs under the settlement agreement. Catchwords: CONTRACTS - general contractual principles - construction and interpretation of contracts - agreement in principle to settle proceedings to be later substituted by contract containing additional terms - where parties had agreed on mutual releases - whether such releases extended to their servants and agents Legislation Cited: Civil Procedure Act 2005 Cases Cited: AW Ellis Engineering Pty Ltd v Malago Pty Ltd [2012] NSWSC 55 Baulkham Hills Private Hospital Pty Ltd v G R Securities Pty Ltd (1986) 40 NSWLR 622 Grant v Binetter [2010] NSWSC 278 Godecke v Kirwan (1973) 129 CLR 629 National Australia Bank Ltd v Sayed [2011] NSWSC 1414 Northside Developments Pty Ltd v Registrar-General [1990] HCA 32; (1990) 170 CLR 146 Sinclair Scott & Co Ltd v Naughton (1929) 43 CLR 310 Smith v Hughes (1871) LR6QB 597 Toll (FCGT) Proprietary Limited v Alphapharm Proprietary Limited [2004] HCA 52; (2004) 219 CLR 165 Troncone v Aliperti (1994) 6 BPR 13,291 Whitty v Fin Control Systems Pty Ltd [2000] NSWSC 332 Texts Cited: J W Carter, E Peden and G J Tolhurst, Contract Law in Australia, 5th ed (2007), LexisNexis Butterworths Category: Principal judgment Parties: National Australia Bank Ltd (Plaintiff) Bilal Sayed (First Defendant) Nicole Susan Sayed (Second Defendant) Representation: Counsel: G Lucarelli (Plaintiff) Solicitors: DibbsBarker (Plaintiff)