The Supreme Court of Western Australia entered judgment enforcing a settlement deed in existing liquidator proceedings where the defendants defaulted on payment obligations. The Court confirmed it has power to enforce a compromise within the action itself by summary procedure, drawing on s 241 of the Corporations Act, O 53 r 2 RSC, and inherent jurisdiction, and applied the established framework from Roberts v Gippsland and Dalmation Nominees. The Court accepted that a 'conclusive evidence' clause in a settlement deed — permitting an affidavit exhibiting the deed to stand as conclusive evidence of the defendants' irrevocable consent to judgment on default — is effective and enforceable, though the application was ultimately unopposed and the result turned on the particular facts including the formal nature of the deed, absence of any challenge to its validity, and the express contractual provision for enforcement within the proceedings.
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