Event and Time
Event Description
- Date: November 29, 2023
- Parties Involved: Plaintiffs - Milivoj and Jovanka Stekovic; Defendant - Goran Radovanovic.
- Case: Stekovic v Radovanovic [2023] NSWSC 1471.
- Background: The court previously ruled in favor of the plaintiffs, establishing that a legally binding settlement agreement was formed on June 3, 2022. This agreement was based on the acceptance of terms from a counteroffer made on June 2, 2022.
Application and Claims
- Plaintiffs' Claims:
- Declaration of a binding settlement agreement. - Specific performance of said agreement. - Interest accrued to the date of judgment. - Legal costs related to the proceedings.
- Defendant's Claims:
- Alternative proposals for the terms of the agreement. - Disagreements regarding the interpretation of the settlement clauses.
Judicial Decisions
- The court reaffirmed the existence of the binding settlement agreement and mandated that the parties consult to produce short minutes that reflect the judicial reasoning.
- If the parties failed to agree on the proposed orders, the court would make the determination based on further submissions.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Arguments:
- Stressed the validation of the settlement agreement based on their acceptance of the counteroffer. - Claimed entitlement to specific performance and interest.
- Defendant's Arguments:
- Proposed alternative interpretations of the agreement terms. - Raised issues regarding the application of costs and specifics of the orders.