Lesdor Properties Pty Ltd v Cordon Investments Pty Ltd [2009] NSWCA 345

Lesdor Properties Pty Ltd v Cordon Investments Pty Ltd [2009] NSWCA 345

The notice of motion was dismissed because the Court had no power, and in any event it would be inappropriate, to vary the consent order as sought; the requested specific enforcement order was not available because the consent orders could not be construed as requiring sale at Mr Randall's minimum valuation figures; and the further construction issues about how to give effect to the settlement were not raised by the notice of motion and were not appropriate to resolve on the evidence and application before the single Judge.

Jurisdiction
Australia
Judgment Date
12 October 2009
Procedural Posture
Notice of Motion in Court of Appeal Proceedings Concerning Consent Orders Made on Settlement / Application Before a Single Judge of Appeal
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['consent Orders' 'compromises and Settlements' 'power of Court to Interpret or Give Effect to Settlement Orders' 'powers of a Judge of Appeal' 'specific Enforcement of Orders']
['civil Procedure'] ['consent Orders' 'compromises and Settlements' 'power of Court to Interpret or Give Effect to Settlement Orders' 'powers of a Judge of Appeal' 'specific Enforcement of Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion in Court of Appeal Proceedings Concerning Consent Orders Made on Settlement / Application Before a Single Judge of Appeal

Legal Issues

  1. 1 ['Whether order 4(2) of the consent orders should be specifically enforced by ordering Lesdor Properties Pty Limited to sell the residual lots to Cordon Investments Pty Limited at the values determined by Mr Randall.' 'Whether order 4(2) should be varied to entitle Cordon Investments Pty Limited to purchase the residual lots at the values determined by Mr Randall.' 'Whether it was appropriate on the notice of motion for a single Judge of Appeal to resolve further questions about giving effect to the settlement orders.']

Ratio Decidendi

The notice of motion was dismissed because the Court had no power, and in any event it would be inappropriate, to vary the consent order as sought; the requested specific enforcement order was not available because the consent orders could not be construed as requiring sale at Mr Randall's minimum valuation figures; and the further construction issues about how to give effect to the settlement were not raised by the notice of motion and were not appropriate to resolve on the evidence and application before the single Judge.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['The notice of motion is dismissed with costs.' 'The cost of this application may be assessed and enforced forthwith.']