Ainsworth v Levi

In *Ainsworth v Levi* [1995] NSWCA 9, the New South Wales Court of Appeal considered a dispute between the parties concerning the enforceability of a settlement agreement. The core of the disagreement revolved around whether the settlement, reached in the context of prior litigation, was valid and binding on the parties.

The Court was required to determine whether the settlement agreement was vitiated by duress, and if so, whether the plaintiff had affirmed the agreement after the alleged duress had ceased. A further issue was whether the defendant had acted in breach of the settlement agreement.

The Court found that the plaintiff had not established duress. It reasoned that the plaintiff's actions, including signing the settlement agreement and subsequently taking steps consistent with its terms, demonstrated a voluntary acceptance of the agreement. The Court applied the principles of contract law, particularly concerning the formation and enforceability of settlement agreements, and the legal tests for establishing duress and affirmation.

Ultimately, the Court of Appeal dismissed the plaintiff's appeal, upholding the primary judge's finding that the settlement agreement was valid and enforceable.