CONTRACTS – deed of settlement – competing applications for orders to give effect to terms of deed – where deed provided for one party to transfer certain assets no later than 7 days after the date of deed and the other party to pay the settlement sum of $80,000 no later than 7 days after transfer of remaining assets – where deed provided for forfeiture of the settlement sum if there was default in transferring the assets within 7 days of the date of the deed – proper construction of deed – whether breach of deed – whether termination only remedy – whether estoppel arose – whether forfeiture of settlement sum would operate as a penalty – breach of obligation to transfer assets within 7 days of date of deed provided for forfeiture of settlement sum, no estoppel and provision did not operate as a penalty – orders to enforce the settlement deed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1057For more information, see the original judgement.
