Hunters Hill Council v Hakim [2016] NSWSC 1598

Supreme Court New South Wales

Medium Neutral Citation: Hunters Hill Council v Hakim [2016] NSWSC 1598 Hearing dates: 13 October 2016 Date of orders: 15 November 2016 Decision date: 15 November 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Declare that pursuant to clause 2.4 of the Deed of Settlement and Release made between the Plaintiff and the Second Defendant the Plaintiff released the Second Defendant from the payment of costs pursuant to the costs order made by the Land and Environment Court in proceedings numbered 40507 of 2008;

(2) Stay permanently the judgment entered against the Second Defendant in the present proceedings on 17 August 2016;

(3) The Plaintiff be restrained from enforcing the costs orders against the Second Defendant made by the Land and Environment Court in proceedings numbered 40507 of 2008 including enforcing the judgment obtained by registration of the certificate of the Review Panel on 17 August 2016;

(4) The Plaintiff should pay the Second Defendant's costs. Catchwords: DEEDS – construction and interpretation of deeds – deed entered into by way of compromise of costs orders – obligation on husband to pay the compromised sum – no payment required to be made by wife – whether wife's release was conditional on husband's performance under the deed – whether accord executory or accord and satisfaction with conditions – wife released on execution of the deed

COSTS – assessment – registration of certificate – taken to be a judgment of the court – whether assessor can decide dispute concerning costs agreement – whether assessor can decide other disputes