Where a deed contains an anti-variation clause and a subsequent agreement between two of the parties purports to forbear from enforcing or indemnify against obligations under the deed, those provisions are ineffective without the third party's consent, even where the subsequent agreement itself recognises the need for such consent. A covenant to pay a defined amount upon winding up in a Deed of Covenant and Assurance under the Queensland building licensing regime is not subject to any implied temporal limitation ceasing upon loss of licence or cessation of directorship.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.