Alanbert Pty Ltd v Bulevi Pty Ltd [2001] NSWSC 785

Alanbert Pty Ltd v Bulevi Pty Ltd [2001] NSWSC 785

Because clarification of the issues had occupied the available hearing time and further evidence and submissions were required on the eight identified disputed items, the matter had to be stood over and directions made for the parties to assemble and exchange folders of evidentiary material corresponding to those items.

Jurisdiction
Australia
Judgment Date
30 August 2001
Procedural Posture
Equity Proceeding Involving Accounting Issues Arising From Claims and Counterclaims Between the Parties / Directions; Matter Stood Over for Mention to Assign a Further Hearing Date
Outcome
Directions given.
Legal Topics
['practice Under Supreme Court Rules' 'directions' 'definition of Issues' 'accounts Between Parties' 'commissions and Incentives']
['civil Procedure' 'equity'] ['practice Under Supreme Court Rules' 'directions' 'definition of Issues' 'accounts Between Parties' 'commissions and Incentives']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Equity Proceeding Involving Accounting Issues Arising From Claims and Counterclaims Between the Parties / Directions; Matter Stood Over for Mention to Assign a Further Hearing Date

Legal Issues

  1. 1 ['What amounts remained in issue between the parties concerning commissions and incentives.' 'Whether $8,200 relating to lot 2 sold to Arnold was received by the plaintiffs.' 'Whether commission on lot 3 sold to Salvador should be calculated under the old regime or the new regime.' 'Whether the amount paid, commission, and incentive for lot 4 sold to Bardwick were as contended by the plaintiffs or the defendants.' 'Whether the plaintiffs were entitled to commission of $4,500 on lot 8 sold to Marsden, depending on whether an exclusive agency period was extended by agreement.' 'Whether the plaintiffs were entitled to an incentive payment of $2,150 on lot 9 sold to Bray.' 'Whether $2,626 said to have been lent by the plaintiffs to the purchaser of lot 10 sold to Cassar should be taken out of account from the amount paid to the plaintiffs.' 'What directions should be made for the further hearing of the outstanding items.']

Ratio Decidendi

Because clarification of the issues had occupied the available hearing time and further evidence and submissions were required on the eight identified disputed items, the matter had to be stood over and directions made for the parties to assemble and exchange folders of evidentiary material corresponding to those items.

Court Disposition

Directions given.

Orders

  • ['Matter stood over for mention on Wednesday, 3 October 2001 at 9.30am to assign a further day for hearing.' 'Both sides are directed to assemble in a folder, under numbered tabs corresponding to the item numbers assigned in the judgment, copies of all evidentiary material they seek to have the Court advert to in...