SUPREME COURT Claim against Gemco settled out of Court

Press, Volume CXIV, Issue 33665, 15 October 1974, Page 7

SUPREME COURT Claim against Gemco settled out of Court

All actions arising from a dis-, pute over an agreement between a farmer and a beef grazing and proceedings be stayed, his Hon-: settled out of Court Mr Justice Roper was told in the Supreme Court yesterday. Robert Scott Caroon, a farmer, of Meth ven, and Joyce Payne Caroon, his wife, claimed that the written agreement between them and the Grazing and Export Meat Company. Ltd (Gemco) was void because of uncertainty and sought a declaration that there was no enforceable agreement between them. They also claimed that Gemco owed them $7692.08 for grazing cattle on their farm. Gemco denied that it wag in breach of the agreement and claimed that because of advances made to the Caroons they owed the company money. The hearing of the action by the Caroons began on October 2 and was expected to take 14 days. It was adjourned part heard on October 4 until yesterday. On September 20 Mr Justice Roper issued an interim injunction in favour of Gemco against the Caroons to enforce its rights under the agreement and later Gemco applied for a writ of attachment against the Caroons. Messrs E. J. Somers. Q.C.. and R. L. Kerr appeared for the Caroons and Mr L M. O’Reilly for Gemco. When the case was called yesterday morning Mr Somers said that he was pleased to be able

to tell his Honour that the matter had been adjusted During] the course of the hearing mat- i ters had come to the attention of the plaintiffs and the defendant which were previously unknown or which were in doubt and a settlement had been reached on i an amount to be paid bv the defendant to the plaintiffs The plaintiffs acknowledged that they] had received a cheque for th'ei agreed amount. The parties had reached agreement for the prompt payment of future fees for the grazing of the defendant’s cattle on the plaintiff’s land. Settlement having been reached between the parties the plaintiffs abandoned their claim! against the defendant and no I longer sought an order that the I contract between them was void I and unenforceable. Dealing with the actions by Gemco against the Caroons Mr Somers asked that the interim injunction be dissolved, that the! motion for a writ of attachment be dismissed and that the action i for an injunction be dismissed. Mr O’Reilly said that he was happy to confirm that a settlement had been reached. When making an order that all. proceedings he stayed iiis Honour said that both counsel andl parties were to be commended for the wisdom in settling the matter. His Honour made no order as to costs on any of the proceedings.