Event and Time
Event Description
- Parties Involved: Milivoj Stekovic, Jovanka Stekovic (Plaintiffs) vs. Goran Radovanovic (Defendant).
- Location: Queanbeyan, New South Wales, Australia.
- Issue: Dispute regarding the formation of a binding settlement agreement in relation to the proceeds from the sale of property located at 8 Donald Road.
- Date of Proceedings: Summons filed on 21 December 2022.
- Core Concern: Whether the parties reached a binding agreement during communications exchanged in June 2022, which were marked “without prejudice save as to costs.”
Application and Claims
- Claims by Milivoj and Jovanka:
- Asserted that a binding agreement was achieved through their solicitors' correspondence with Goran's solicitors. - Sought declarations and orders for specific performance of the alleged settlement agreement.
- Claims by Goran:
- Contended that no binding agreement was reached. - Argued against the existence of a settlement, disputing the interpretation of the correspondence.
Judicial Decisions
- The court determined that Milivoj and Jovanka succeeded in their claim.
- The court found that the parties intended to be bound immediately upon the acceptance of Goran’s counter-offer made by his solicitors.
Dispute Points and Legal Basis
Dispute Points
- Milivoj and Jovanka’s Arguments:
- The letters exchanged were sufficient to constitute an agreement as they demonstrated mutual intention to settle. - Cited the principles from Masters v Cameron to highlight that the correspondence, although labeled 'without prejudice', indicated intent to create a binding agreement.