Cabport Pty Ltd v Marinchek

The appeal concerned a dispute between Cabport Pty Ltd, the builder, and Marinchek, the owner, regarding alleged overcharging by the builder. The central question was whether claims for these alleged overcharges had been compromised and released under a settlement agreement previously entered into by the parties. The case was heard in the New South Wales Court of Appeal.

The court was required to determine whether the primary judge had correctly interpreted the settlement agreement, particularly in light of a previous decision of the Court of Appeal in *Marinchek v Cabport Pty Ltd* [2010] NSWCA 334. Furthermore, the court had to consider whether the primary judge had made correct findings regarding the respondent's knowledge of the circumstances that gave rise to the claims of overcharging.

The Court of Appeal found that the primary judge had erred in their interpretation of the settlement agreement and in their findings concerning the respondent's state of knowledge. The court held that the claims for recovery of alleged overpayments had indeed been compromised and released by the settlement agreement. Consequently, the appeal was allowed, the judgment for the respondent was set aside, and a reduced judgment was entered for the respondent. The court also made orders regarding the costs of the appeal and the proceedings at first instance.