Saltearn v Saltearn

In this case, the plaintiff sought to rely on an agreement to discontinue the proceedings. The defendant argued that the agreement was not binding. The dispute was heard by the Supreme Court of New South Wales. The court was required to determine whether the plaintiff's agreement to discontinue the proceedings was binding on him and, if so, whether the court should exercise its discretion under section 73 of the Civil Procedure Act 2005 (NSW) to give effect to the agreement.

The court held that the plaintiff's agreement to discontinue the proceedings was binding, and the court should exercise its discretion to give effect to the agreement. The court found that the exercise of this power would give effect to the overriding purpose of the Civil Procedure Act 2005 (NSW) and section 56 of the Civil Procedure Act 2005 (NSW), which provides that proceedings are liable to be dismissed if they are not being pursued with reasonable expedition. The court also found that the proceedings were liable to be dismissed on the grounds stated in Bleyer v Google Inc.

The court ordered that the plaintiff's proceedings be dismissed, with the plaintiff to pay the defendant's costs of the proceedings.