Boral Resources (NSW) Pty Ltd v Armitt

Boral Resources (NSW) Pty Ltd initiated proceedings against Armitt, seeking to set aside a settlement deed that had been negotiated following an informal agreement reached at mediation. The dispute centred on allegations that there was a departure from the informal agreement and that undue influence, unconscionable conduct, and economic duress were exerted during the negotiation of the settlement deed. The case was heard in the Supreme Court of New South Wales. The primary legal issues before the court were whether the settlement deed could be set aside due to the alleged breaches of the informal agreement and the presence of undue influence, unconscionable conduct, or economic duress.

The court examined the evidence and found that there was no departure from the informal agreement. It also concluded that there was no undue influence, unconscionable conduct, or economic duress exerted during the negotiation of the settlement deed. The court held that the settlement deed was valid and enforceable. Regarding costs, the court ruled that the general costs of the proceedings would follow the event of the cross-claim. Additionally, the court granted an indemnity costs order on the cross-claim, as there was a contractual right to indemnity costs associated with the cross-claim.

The Supreme Court of New South Wales ultimately refused the application to set aside the settlement deed. Orders were made for the enforcement of the terms of the settlement deed. In terms of costs, the court awarded indemnity costs on the cross-claim, while the general costs of the proceedings followed the event of the cross-claim.