Alvin Bryant v Law Society of New South Wales [2016] NSWSC 1414

Supreme Court New South Wales

Medium Neutral Citation: Alvin Bryant v Law Society of New South Wales [2016] NSWSC 1414 Hearing dates: 8 September 2016 Date of orders: 06 October 2016 Decision date: 06 October 2016 Jurisdiction: Common Law Before: Garling J Decision: (1) Declare that the plaintiff and the defendant entered into a binding agreement on 6 June 2016 to resolve the present proceedings (2015/221577) on terms that: (a) there be judgment for the defendant in the proceedings; (b) the defendant is to pay to the plaintiff the sum of $47,000 by way of legal costs; (c) there be no order as to costs of the proceedings; (d) all cost orders previously made in the proceedings be vacated; and (e) each party to execute a Deed of Release in the agreed form; (2) Order that there be judgment for the defendant in the whole of the proceedings; (3) Order that, subject to order (6) below, all previous costs orders be vacated; (4) Order that the defendant pay the plaintiff the sum of $47,000 by way of legal costs and expenses within 28 days of the date of these orders; (5) Order that, apart from orders (4) and (6), each party is to pay his and its own costs of the proceedings; and (6) Order that the plaintiff pay the defendant's costs of the Motion filed 25 August 2016. Catchwords: CONTRACT – formation – offer and acceptance – email correspondence regarding settlement of dispute – whether the parties reached a binding agreement to settle the dispute – no issue of principle Legislation Cited: Legal Profession Act 2004 Cases Cited: Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 B Seppelt & Sons Ltd v Commissioner for Main Roads (1975) 1 BPR 9147 Barrier Wharfs Ltd v W. Scott Fell & Co. Ltd [1908] HCA 88; (1908) 5 CLR 647 Baulkham Hills Private Hospital Pty Ltd v G R Securities Ltd (1986) 40 NSWLR 622 Brambles Holdings v Bathurst City Council [2001] NSWCA 61; (2001) 153 NSWLR 113 Calderbank v Calderbank [1975] 3 All ER 333 Capital Securities No.1 Pty Ltd v Saliba [2016] NSWSC 1093 G R Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Howard Smith & Co Ltd v Varawa [1907] HCA 38; (1907) 5 CLR 68 Hughes v NM Superannuation Pty Ltd (1993) 29 NSWLR 653 Love & Stewart v S Instone & Co (1917) 33 TLR 475 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 Sinclair, Scott & Co v Naughton [1929] HCA 34; (1929) 43 CLR 310 Waugh v HB Clifford & Sons Ltd [1982] Ch 374 Texts Cited: Cordery on Solicitors, 8th ed, Butterworths Category: Consequential orders (other than Costs) Parties: Alvin Bryant (P) Law Society of New South Wales (D) Representation: Counsel: In person (P) B Burke (D)