- Court considers validity of variation agreement (Simantob v Yacob Shavleyan)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Dispute Resolution analysis: Mr Justice Kerr, has reiterated that, when determining whether there has been a variation of a settlement agreement, the court is not required to determine the subjective intentions of the parties. The approach the court must take is to decide what each party was reasonably entitled to conclude from the attitude of the other party and this is to be determined on the facts of the case. Jonathan Greenwood, partner at Greenwood & Co, discusses what practical lessons can be learnt from the case.
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