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Court of Appeal to Hear Application to Set Aside a Settlement Agreement

By 19 November 2019General Information
McNamara Law Media Alert

Tomorrow the Court of Appeal will hear an appeal on behalf of our client of the decision of the Supreme Court to dismiss his Application to set aside a settlement agreement he reached with the Board of Trustees of the Brisbane Grammar School in 2002.

The Trial Judge dismissed the Application on the basis the settlement agreement was the product of a fair, arms length (legally represented) negotiation between two parties on equal footing and that the settlement was a fair settlement reflecting the factual and legal strengths and weaknesses of the parties respective cases.

In that regard, the trial Judge found that our client had not satisfied the test that it was “just and reasonable” to set aside the settlement agreement reached in 2002. The trial judge found the settlement of our client’s claim was not materially contributed to by any consideration of the limitation defence, which had expired 8 years prior.

The Appeal will focus on three particular aspects of the trial Judge’s decision, particularly that he erred in concluding that the material that the limitation date had not been a material factor in the decision of our client to accept a modest sum in comparison to that which he would have been entitled without the school having a limitation defence available to it, and that, although the parties were legally represented by competent solicitors and counsel, the limitation date defence was a significant factor which made the bargaining positions of the parties unequal.

The Appeal will be heard by Justices Morrison, Fraser and Mullins.