CONTRACT- penalty - compromise of litigation - cross-claimant agrees to accept certain amount by instalments - provision that in event of default cross-claimant can enter judgment for higher amount - whether provision constitutes a penalty - higher amount implicitly acknowledged by cross-defendant as a present debt - no penalty
PROCEDURE - civil - consent orders based on a contract of compromise - extension of time for compliance - whether exceptional circumstances shown - extension of time refused
PROCEDURE - civil - consent orders providing for entry of judgment - whether grounds for stay - mistake - stay refused
Case Details
Citation[2014] NSWSC 356
CourtNSWSC
JurisdictionNew South Wales
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