CONTRACTS — consent orders signed on behalf of the defendant — plaintiff seeks to enforce under s 73 of the Civil Procedure Act 2005 (NSW) — whether the consent orders, as signed by the parties, constitute an immediately enforceable contract — whether parties intended the consent orders to be binding is to be determined objectively having regard to the language in the document — found that defendant did consent to immediate enforcement — motion granted — defendant pay the plaintiff's costs of the motion
Quick Take
1Consent orders signed by the parties' solicitors in the course of litigation may constitute an immediately enforceable contract, the binding nature of which is determined objectively by reference to the language of the document and surrounding circumstances including inter-solicitor correspondence.
2Section 73 of the Civil Procedure Act 2005 (NSW) empowers the court to enforce a settlement reached between the parties within the existing proceedings, without requiring separate proceedings, even where the consent orders were not entered by the court due to procedural deficiencies such as the absence of a Notice of Appearance.
