Radovanovic v Stekovic

Case [2024] NSWCA 129


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Radovanovic v Stekovic [2024] NSWCA 129
Hearing dates: 2 May 2024
Date of orders: 30 May 2024
Decision date: 30 May 2024
Before: Meagher JA at [1];
Gleeson JA at [2];
Payne JA at [3]
Decision:

(1) Appeal dismissed.

(2) Appellant to pay the respondents’ costs.

Catchwords:

CONTRACTS — formation — acceptance of Calderbank offer — whether parties reached binding agreement to settle proceedings — meaning of “without prejudice save as to costs” — where settlement agreement contemplated execution of deed — whether entry into deed was a condition precedent — whether settlement agreement incomplete due to missing key term — whether entry into Calderbank offer indicated intention immediately to be bound

Legislation Cited:

Legal Profession Uniform Law (NSW) s 138

Uniform Civil Procedure Rules 2005 (NSW) r 20.26

Cases Cited:

Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309

Baulkham Hills Private Hospital Pty Ltd v G R Securities Pty Ltd (1986) 40 NSWLR 622

Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600; [1982] HCA 53

Calderbank v Calderbank [1975] 3 All ER 333

Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471; [2004] HCA 55

Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95; [2002] HCA 8

Godecke v Kirwan (1973) 129 CLR 629

G R Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631

Masters v Cameron (1954) 91 CLR 353

Narayan v Narayan [2022] NSWSC 1685

Ofria v Cameron (No 2) [2008] NSWCA 242

Pavlovic v Universal Music Australia Pty Ltd (2015) 90 NSWLR 605; [2015] NSWCA 313

Stellar Vision Operations Pty Ltd v Hills Health Solutions Pty Ltd [2023] NSWCA 102

Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194

Von Hatzfeldt-Wildenburg v Alexander [1912] 1 Ch 284

Wilson v Gilles [2020] NSWSC 657

Wong v Wong [2022] FCA 78

Category:Principal judgment
Parties: Goran Radovanovic (appellant)
Milivoj Stekovic (first respondent)
Jovanka Stekovic (second respondent)
Representation:

Counsel:
L Collaris (appellant)
A Davis (respondents)

Solicitors:
Warlows Legal (appellant)
Chamberlains Law Firm (respondents)
File Number(s): 2023/465559
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
Supreme Court of NSW
Jurisdiction:
Equity
Citation:

[2023] NSWSC 1471

Date of Decision:
29 November 2023
Before:
McGrath J
File Number(s):
2022/00385224

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant was the sole registered proprietor of real property in Queanbeyan, New South Wales, which in 2020 he agreed to sell for $675,000. Before settlement, the appellant’s sister and her husband (the respondents) asserted an equitable interest in the property and placed a caveat on its title. In October 2020, to enable settlement to proceed, the parties (who were represented by solicitors) came to an agreement: the respondents would remove the caveat and the appellant’s conveyancing solicitor, BDN, would retain the…

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AGLC
Radovanovic v Stekovic [2024] NSWCA 129
Case
[2024] NSWCA 129
Decision Date

CaseChat Overview and Summary

The parties to this appeal were Radovanovic (appellant) and Stekovic (respondents). The dispute concerned whether a binding agreement had been reached to settle proceedings, following the appellant's acceptance of a "Calderbank" offer. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the parties had reached a binding settlement agreement, the meaning and effect of the phrase "without prejudice save as to costs" in the context of the offer, whether the execution of a deed was a condition precedent to the settlement, and whether the settlement agreement was incomplete due to a missing key term. The court also considered whether the appellant's entry into the Calderbank offer indicated an intention to be immediately bound.

The Court of Appeal dismissed the appeal, finding that the parties had not reached a binding settlement agreement. The court reasoned that the Calderbank offer, while accepted, contemplated the execution of a formal deed. This execution was considered a condition precedent to the settlement becoming binding. Furthermore, the court determined that a key term was missing from the purported agreement, rendering it incomplete. Consequently, the appellant was ordered to pay the respondents' costs.

Orders

Orders of the court

(1) Appeal dismissed.

(2) Appellant to pay the respondents’ costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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