Drinkwater as trustee for the Cheryl Drinkwater Trust v Nadinic (No 4) [2017] NSWSC 301

Drinkwater as trustee for the Cheryl Drinkwater Trust v Nadinic (No 4) [2017] NSWSC 301

It is not appropriate for the Court on the present interlocutory application to enforce or vary the parties' agreement regarding controlled monies, as proper construction may depend on facts not established, and the full resolution of the dispute awaits the outcome of the appeal.

Jurisdiction
Australia
Judgment Date
24 March 2017
Procedural Posture
Equity / Interlocutory Application (amended Notice of Motion)
Outcome
Plaintiff's amended notice of motion dismissed with costs.
Legal Topics
['construction of Settlement Agreement' 'enforcement of Agreement' 'controlled Monies Account' 'interlocutory Relief']
['equity' 'contract'] ['construction of Settlement Agreement' 'enforcement of Agreement' 'controlled Monies Account' 'interlocutory Relief']

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Procedural Posture

Equity / Interlocutory Application (amended Notice of Motion)

Legal Issues

  1. 1 ['Proper construction of settlement agreement regarding controlled monies account' 'Whether the court should order payment from joint monies account before final resolution']

Ratio Decidendi

It is not appropriate for the Court on the present interlocutory application to enforce or vary the parties' agreement regarding controlled monies, as proper construction may depend on facts not established, and the full resolution of the dispute awaits the outcome of the appeal.

Court Disposition

Plaintiff's amended notice of motion dismissed with costs.

Orders

  • ["Plaintiff's amended notice of motion of 9 March 2017 is dismissed with costs."]