Lo Pilato, in the matter of Barrallier Street Holdings Pty Ltd (in liq) v Waters [2025] FCA 1170 — Alleged Oral Agreement & Practice And Procedure — Barrister AI
Lo Pilato, in the matter of Barrallier Street Holdings Pty Ltd (in liq) v Waters
› where oral agreement related to settlement of a District Court proceeding
› whether oral agreement was immediately binding or an in principle agreement subject to execution of a settlement deed
› whether oral agreement constituted a binding and enforceable contract within the meaning of the first category of Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353
› Held: agreement not enforceable.
Practice and Procedure
› where the first and second defendants did not appear
› where first and second defendants aware of proceeding and of hearing date
› whether hearing of the proceeding should take place in their absence
› Held: order made for proceeding to proceed in absence of first and second defendant.
