Yaem Pty Ltd as trustee for R & R Discretionary Trust v MMP Industrial Pty Ltd [2023] NSWSC 1080
There is insufficient agreement on the relevant facts to permit separate determination of the questions proposed; factual disputes, particularly as to whether Mr Stewart remained engaged and actively working, must be resolved at trial and not by way of separate question.
- Jurisdiction
- Australia
- Judgment Date
- 01 September 2023
- Procedural Posture
- Plaintiffs' Notice of Motion / Application for Separate Question on Interlocutory Basis
- Outcome
- Notice of Motion dismissed with costs
- Legal Topics
- ['application for Separate Question' 'construction of Contract' 'prevention Principle' 'deferred Payment in Business Sale' 'disputed Facts']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Plaintiffs' Notice of Motion / Application for Separate Question on Interlocutory Basis
Legal Issues
- 1 ['Whether 6 April 2023 is the date on which the Deferred Payment was payable under the Business Sale Agreement' 'Whether defendants are obliged to execute payment direction where breach of warranty claims are undetermined']
Ratio Decidendi
There is insufficient agreement on the relevant facts to permit separate determination of the questions proposed; factual disputes, particularly as to whether Mr Stewart remained engaged and actively working, must be resolved at trial and not by way of separate question.
Court Disposition
Notice of Motion dismissed with costs
Orders
- ["Plaintiffs' Notice of Motion dismissed with costs"]
Full Case Text
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