Hunt v Kallinicos
[2009] NSWCA 5
Citation 1
…[15] [2009] NSWCA 5 29 Each case must turn upon the nature of the original claim, the terms of the settlement, and whether the sum in respect of which judgment is sought to be entered constitutes a penalty. It is significant, in my view, that by its Defence the defendants admitted the arrears of rental and the fa…
Cameron v UBS AG
[2000] VSCA 222
Citation 2
…advantage to the plaintiff. The sum of $8.4m was the sum due and allegedly owing under the Swiss judgment; neither more nor less.” [11] (2000) 2 VR 108 [12] at p.114…
O'Dea v Allstates Leasing System (WA) Pty Ltd
[1983] HCA 3
Citation 3
…e increase can be shown to be a genuine pre-estimate of the damage sustained by the non-performance of the conditions.” [4] (1982-83) 152 CLR 359 [5] at p.375…
Bartlett v Mouncey
[1998] FCA 418
Citation 4
…to discharge the existing rights until the complete accord was performed. In the latter, the discharge was effective immediately. [7] [1998] 3 VR 1 [8] at p.7-8 21 Ms Maud submits that particularly having regard to Clause 8 of the terms, there was mere accord executory, and the rights of the plaintiff to…
Commonwealth Bank v Mileoak Pty Ltd
[2001] VSC 12
Citation 5
…naffected and the plaintiff is entitled to rely upon para 7 of the terms of settlement to obtain judgment for the amount claimed.” [13] [2001] VSC 12 [14] paragraph 7…