Taouk v Ho

[2019] NSWCA 156

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › From Local Court to Supreme Court on question of law
4. › Further appeal to Court of Appeal
5. › Whether sufficient doubt or injustice to warrant leave
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Contract
2. › Settlement agreements
3. › Fourth category of Masters v Cameron
4. › Parties bound immediately by agreed terms while expecting further substitutionary contract
5. › Whether subsequent deed superseded earlier binding compromise agreement
1. Equity
2. › Deeds
3. › Delivery of deeds
4. › Distinction between unconditional delivery, delivery in escrow, and no delivery
5. › Whether deed delivered unconditionally or conditionally
1. Equity
2. › Deeds
3. › Disclaimer
4. › Avoidance of deed by disclaimer of party who has not executed it
5. › Whether conduct of refusing to execute deed and stating party wanted 'nothing to do with it' constituted disclaimer
6. › Whether disclaimer operates retrospectively to avoid deed ab initio

Quick Take

Where a party to a settlement agreement refuses to execute a contemplated deed of settlement and communicates that they want 'nothing to do with it', this constitutes a disclaimer which avoids the deed and leaves the other party free to sue on the original binding compromise agreement.