White Rock Wind Farm Pty Ltd v Dulhunty (No 2) [2023] NSWSC 1631

White Rock Wind Farm Pty Ltd v Dulhunty (No 2) [2023] NSWSC 1631

The court held that consequential orders were necessary to give effect to its principal judgment and to resolve disagreements on cost allocation and the scope of obligations under the Deed of Release; White Rock Wind Farm Pty Ltd was ordered to specifically perform obligations regarding the Substation Land and various remediation works per settled agreements, and costs orders were made to reflect responsibility and reasonableness in litigation conduct.

Jurisdiction
Australia
Judgment Date
20 December 2023
Procedural Posture
Consequential Orders Following Principal Judgment / Post Judgment Orders
Outcome
Consequential orders granted; claims variously dismissed, specific performance ordered, costs orders made.
Legal Topics
['specific Performance' 'contract Enforcement' 'costs Orders' 'easements' 'settlement Agreements']
['equity'] ['specific Performance' 'contract Enforcement' 'costs Orders' 'easements' 'settlement Agreements']

Case Brief

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Procedural Posture

Consequential Orders Following Principal Judgment / Post Judgment Orders

Legal Issues

  1. 1 ['Orders to effect principal judgment' 'Dispute regarding specific performance of Deed of Release' 'Obligation to create easements and undertake remediation works' 'Allocation of costs for various claims']

Ratio Decidendi

The court held that consequential orders were necessary to give effect to its principal judgment and to resolve disagreements on cost allocation and the scope of obligations under the Deed of Release; White Rock Wind Farm Pty Ltd was ordered to specifically perform obligations regarding the Substation Land and various remediation works per settled agreements, and costs orders were made to reflect responsibility and reasonableness in litigation conduct.

Court Disposition

Consequential orders granted; claims variously dismissed, specific performance ordered, costs orders made.

Orders

  • ["Order that the plaintiff's claims in prayers 1 and 3 of the summons be dismissed." "Note that the plaintiff's claim for relief in prayer 2 was abandoned at hearing." 'Dismiss plaintiff’s claims for relief in prayers 4 and 5 of the summons.' 'Note dismissal of plaintiff’s claim for prayers 4 and 5 is made without...