Ciara Enterprises Pty Ltd v Marsh [2023] NSWSC 921

Ciara Enterprises Pty Ltd v Marsh [2023] NSWSC 921

The plaintiff's motion was otiose and misconceived because the plaintiff had not complied with the expired timetable for costs submissions, there was no relevant change of circumstances warranting variation of the interlocutory orders made on 1 June 2023, and no leave to appeal had been sought. The amended summons should be dismissed because the defendants were attempting to complete the contract, there was no utility in declarations or specific performance orders, and s 56 of the Civil Procedure Act 2005 (NSW) required summary disposal of the proceedings. No order should be made as to costs of the amended summons because the parties had reached an agreement to resolve the substantive...

Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Civil Procedure Application Concerning Proceedings for Specific Performance of a Contract for Sale of Land / Applications List Hearing of the Plaintiff's Notice of Motion Dated 15 June 2023 and Disposition of the Amended Summons
Outcome
Plaintiff's notice of motion dismissed; amended summons dismissed; defendants awarded costs of the motion and specified mentions and hearing; no order as to costs of the amended summons.
Legal Topics
['summary Disposal' 'dismissal of Proceedings' 'specific Performance' 'contract for Sale of Land' 'interlocutory Orders' 'costs']
['civil Procedure' 'equity' 'property Law' 'costs'] ['summary Disposal' 'dismissal of Proceedings' 'specific Performance' 'contract for Sale of Land' 'interlocutory Orders' 'costs']

Case Brief

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Procedural Posture

Civil Procedure Application Concerning Proceedings for Specific Performance of a Contract for Sale of Land / Applications List Hearing of the Plaintiff's Notice of Motion Dated 15 June 2023 and Disposition of the Amended Summons

Legal Issues

  1. 1 ["Whether the plaintiff's notice of motion seeking to vacate the orders made by Richmond J on 1 June 2023 should be dismissed." 'Whether the amended summons should remain on foot where the proceedings had been informally resolved and the defendants were attempting to settle the sale.' 'What costs orders should be made in respect of the motion, the amended summons, and the appearances after the hearing date was vacated.']

Ratio Decidendi

The plaintiff's motion was otiose and misconceived because the plaintiff had not complied with the expired timetable for costs submissions, there was no relevant change of circumstances warranting variation of the interlocutory orders made on 1 June 2023, and no leave to appeal had been sought. The amended summons should be dismissed because the defendants were attempting to complete the contract, there was no utility in declarations or specific performance orders, and s 56 of the Civil Procedure Act 2005 (NSW) required summary disposal of the proceedings. No order should be made as to costs of the amended summons because the parties had reached an agreement to resolve the substantive...

Court Disposition

Plaintiff's notice of motion dismissed; amended summons dismissed; defendants awarded costs of the motion and specified mentions and hearing; no order as to costs of the amended summons.

Orders

  • ["Dismiss the plaintiff's notice of motion dated 15 June 2023." "Order the plaintiff to pay the defendants' costs of the plaintiff's motion dated 15 June 2023." 'Dismiss the amended summons.' 'Note that the Court makes no order as to costs of the amended summons.' "Order the plaintiff to pay the defendants' costs of...