Articles
Accord and satisfaction
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)