Bialosowski Administrator of Est of P Bialosowski v Bialosowski

In the Supreme Court of Western Australia, the plaintiffs, Jennifer Lyn Bialosowski and the Estate of P Bialosowski, filed an application for summary judgment against the first defendant, Leo Bialosowski, and the second defendant, Gregson Empire Pty Ltd ATF Gregson Family Discretionary Trust TA Gregson & Associates. The case revolves around the enforcement of a settlement agreement reached during a mediation process. The plaintiffs seek to enforce the settlement terms, which were agreed upon during a mediation held on 4 November 2021, and subsequently documented in a handwritten agreement. This agreement involves payments from Leo Bialosowski to the plaintiffs and the settlement of costs across several related proceedings.

The legal issues before the court involved whether the settlement agreement, which went beyond the scope of the first defendant's instructions, could be enforced, and if the mediation process was properly conducted. The first defendant argued that the agreement exceeded the scope of his instructions and that his solicitors lacked the authority to settle on those terms. Additionally, the first defendant contended that his potential claim against his solicitors could affect the enforceability of the agreement.

Master Sanderson addressed these issues by noting that the mediation order was validly convened, despite the first defendant's absence, and that the settlement agreement was binding. The court highlighted that solicitors attending mediation have the implied authority to settle any disputes between the parties, including ancillary matters like tax liabilities. Master Sanderson also dismissed the first defendant's claim against his solicitors as irrelevant to the enforceability of the settlement agreement. The court found that the plaintiffs' case was overwhelmingly strong and granted the application for summary judgment, along with an extension of time for the application due to the compelling nature of the plaintiffs' claims.

The court's final orders granted the plaintiffs' application for summary judgment in the specified amounts and directed the first defendant to pay the plaintiffs' costs of the application and the action. The court further invited the parties to make brief submissions on costs within seven days of the publication of these reasons.