Articles

Accord and satisfaction

Authors: Paul O’Brien

Scaffidi v Perpetual Trustees Victoria Ltd considered the interpretation of settlement deeds and the circumstances in which a settlement deed can be validly terminated when the settlement sum is not paid. With close reference to High Court authorities, the decision provides a review of the approach to the construction of what was, for the most part, a typical settlement deed.

Significant cases, legislation or articles referred to

• Scaffidi v Perpetual Trustees Victoria Ltd [2011] WASCA 1599
• Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574
• Federal Commissioner of Taxation v Orica Ltd [1998] HCA 33
• McDermott v Black (1940) 63 CLR 161
• Civil Procedure Act (NSW)
• Civil Dispute Resolution Act 2011 (Cth)

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