Martinez v Park Trent Properties Group Pty Limited (No 2) [2016] NSWSC 1661

Supreme Court New South Wales

Medium Neutral Citation: Martinez v Park Trent Properties Group Pty Limited (No 2) [2016] NSWSC 1661 Hearing dates: 28 September 2016 Date of orders: 25 November 2016 Decision date: 25 November 2016 Jurisdiction: Common Law Before: Schmidt J Decision: The declaration sought made.

The usual order under the Uniform Civil Procedure Rules 2005 is that costs follow the event, which would in this case be an order in favour of Ebsworth for cost as agreed or assessed.

Ebsworth should file the orders which reflect the conclusions reached, within 7 days. Parties to be heard on the question of costs, if there is any disagreement. Catchwords: PROCEDURE – notice of motion – order seeking declarations under s 73 of the Civil Procedure Act 2005 (NSW) in relation to the claimed settlement of the proceedings - whether there was a binding contract as to the claimed settlement – applicable principles – claimed contractual documents and surrounding circumstances – whether communications evidenced parties' intention to enter binding contract – whether communications evidenced an intention to be immediately bound – binding contract entered – whether alleged agreement was void under the Legal Profession Act 2004 – accord and satisfaction – declaration sought made Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Act 2004 (Vic) (repealed) Cases Cited: Amirbeaggi & 2 ors v Business in Focus (Australia) Pty Ltd & 5 ors [2008] NSWSC 421 Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Beba Enterprises Pty Ltd v Gadens Lawyers (2013) 41 VR 590; [2013] VSCA 136 Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600; [1982] HCA 53 Electricity Generation Corporation v Woodside Entergy Ltd (2014) 251 CLR 640; [2014] HCA 7 El-Mir & 1 Or v Risk [2005] NSWCA 215 GLS v Goodman Group Pty Ltd [2015] VSC 627 Godecke v Kirwan (1973) 129 CLR 629; [1973] HCA 38 Goodwin v. Temple (1956) 180 CLR 68; [1957] St R Qd 376 Martinez v Park Trent Properties Group Pty Limited [2016] NSWSC 811 McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308 Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 Pavlovic v Universal Music Australia Pty Limited (2015) 90 NSWLR 605; [2015] NSWCA 313 Public Transport Commission (NSW) v J Murray-More (NSW) Pty Ltd (1975) 132 CLR 33; [1975] HCA 28 Toll (FGCT) Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165; [2004] HCA 52 Texts Cited: Statutory Interpretation in Australia, seventh edition, Pearce and Geddes at [2.38] - [2.39] Category: Procedural and other rulings Parties: Juan Jose Martinez as Trustee for the Martinez HWL Practice Trust & Ors Trading as HWL Ebsworth Lawyers (Plaintiff) Park Trent Properties Group Pty Limited ACN 101 491 507 (Defendant) Representation: Counsel: F Assaf (Plaintiff) E Young (Defendant)