When is a deal, a deal?

In BJP1 v Salesian Society (VIC) Inc [2021] NSWSC 241 Garling J considered the Masters v Cameron (1954) 91 CLR 353 categories of binding contracts, in the context of a settlement reached by the parties at a Court ordered mediation. 

Garling J considered whether the parties had in fact intended their agreement at the mediation to be immediately binding. In finding that the parties did intend to be immediately bound, Garling J considered the conduct of the parties before, at, and after the mediation. 

Elizabeth Steer appeared for the defendant, led by Stuart Lawrance and instructed by Makinson d’Apice Lawyers.

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