Romanos & Anor v Pentagold Investments Pty Ltd & Anor

In *Romanos & Anor v Pentagold Investments Pty Ltd & Anor*, the High Court of Australia, constituted by Hayne J in chambers, considered an application for special leave to appeal from a decision of the Supreme Court of Victoria. The dispute concerned the interpretation and enforceability of a settlement agreement reached between the parties, which the applicants (Romanos) sought to set aside.

The primary legal issue before the High Court was whether the applicants had demonstrated an arguable case that the settlement agreement was vitiated by a fundamental mistake, thereby justifying the grant of special leave to appeal. This involved considering whether the mistake alleged by the applicants was so fundamental as to render the agreement void *ab initio* or otherwise unenforceable.

Hayne J's reasoning focused on the high threshold required for granting special leave to appeal, particularly in cases involving the interpretation of contractual agreements. His Honour noted that the applicants' argument regarding fundamental mistake did not appear to raise a question of law of general public importance, nor was there a clear error in the Supreme Court's application of established principles concerning contractual mistake and settlement agreements. The principles applied centred on the finality of litigation and the stringent requirements for setting aside a compromise.

Special leave to appeal was refused.