Cabport Pty Ltd v Marinchek

[2013] NSWCA 51

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Compromise and settlement
3. › Construction of settlement agreement
4. › Release of claims
5. › Whether claims arose out of circumstances known to parties at time of settlement
6. › Whether awareness requires ability to prove or verify claims or merely knowledge of underlying facts
1. Contract
2. › Building and construction
3. › Cost plus contract
4. › Overcharging claims
5. › Whether claims for recovery of overpayments compromised by settlement agreement
1. Restitution
2. › Money paid under mistake of fact
3. › Whether claims precluded by prior settlement agreement
4. › Whether necessary to consider entitlement to recover

Quick Take

A settlement agreement that releases claims arising from circumstances known to the parties at the time of settlement operates to preclude claims where the party was aware of the essential underlying facts, even if the party could not then prove, verify or quantify the claim. Knowledge at the level of detail necessary to formulate and establish a claim to a particular amount is not required.