Enzo Jair Ploder v Vittoria Angelina Garcea (as executor of the estate of the late Fiona Rita Garcea) [2013] NSWSC 251

Supreme Court New South Wales

Medium Neutral Citation: Enzo Jair Ploder v Vittoria Angelina Garcea (as executor of the estate of the late Fiona Rita Garcea) [2013] NSWSC 251 Hearing dates: 25 March 2013 Decision date: 25 March 2013 Jurisdiction: Equity Division Before: Sackar J Decision: Notice of motion dismissed. Catchwords: CONTRACTS - offer and acceptance - whether the parties entered into a binding settlement agreement. Cases Cited: Cavallari v Premier Refrigeration Company Pty Ltd (1952) 85 CLR 20 Enzo Jair Ploder v Vittoria Angelina Garcea (as executor of the estate of the late Fiona Rita Garcea) [2013] NSWSC 201 Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227 Quadling v Robinson (1976) 137 CLR 192 Category: Interlocutory applications Parties: Enzo Jair Ploder (Plaintiff / Respondent on the motion) Vittoria Angelina Garcea (as executor of the estate of the late Fiona Rita Garcea) (Defendant / Applicant on the motion) Representation: Counsel: Solicitor appeared (Plaintiff) J E Armfield (Defendant) Solicitors: Hall Partners (Plaintiff) Mills Oakley Lawyers (Defendant) File Number(s): 2011/275072

ex tempore Judgment 1I have set out the history and background facts of this case in my judgment of 13 March 2013 on a previous interlocutory application (Enzo Jair Ploder v Vittoria Angelina Garcea (as executor of the estate of the late Fiona Rita Garcea) [2013] NSWSC 201). The hearing for this matter was set down for four days commencing today. 2However, the parties sought to have the matter listed urgently before me on 22 March 2013, and the defendant produced to the court a notice of motion seeking declarations to the effect that the parties have entered into a binding settlement agreement and orders to give effect to that agreement. The plaintiff disputes the defendant's assertion that there is a binding agreement. It is obviously necessary to determine the question raised in the notice of motion before commencing the hearing.