Alanbert Pty Ltd v Bulevi Pty Ltd [2002] NSWSC 296

Alanbert Pty Ltd v Bulevi Pty Ltd [2002] NSWSC 296

Defendants are granted leave to apply to withdraw part of the reasons for judgment relating to proceeds of sale of Lots 11 and 12 and to challenge solicitors' retainer; procedural fairness requires further opportunity to address the issue due to lack of comprehension by the Court.

Parties
Plaintiff: Alanbert Pty Limited; Plaintiff: Bernoth Realty Pty Ltd; Plaintiff: Bertram Bernoth; Defendant: Bulevi Pty Ltd; Defendant: Davhand Pty Ltd
Jurisdiction
Australia
Judgment Date
11 April 2002
Procedural Posture
Equity Proceedings / Post Judgment, Orders Pending
Outcome
Leave granted to defendants to apply for withdrawal of part of reasons for judgment; directions made for exchange of evidentiary material and motions; matter stood over.
Legal Topics
Judgments and Orders, Varying and Setting Aside, Rehearing, Withdrawal of Reasons Before Orders Made
Procedure Judgments and Orders Varying and Setting Aside Rehearing Withdrawal of Reasons Before Orders Made

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Parties

Alanbert Pty Limited

Plaintiff

Bernoth Realty Pty Ltd

Plaintiff

Bertram Bernoth

Plaintiff

Bulevi Pty Ltd

Defendant

Davhand Pty Ltd

Defendant

Procedural Posture

Equity Proceedings / Post Judgment, Orders Pending

Legal Issues

  1. 1 Whether reasons for judgment relating to proceeds of sale of Lots 11 and 12 should be withdrawn
  2. 2 Validity of retainer of plaintiffs' solicitors
  3. 3 Representation of the late Alan Bernoth's estate

Ratio Decidendi

Defendants are granted leave to apply to withdraw part of the reasons for judgment relating to proceeds of sale of Lots 11 and 12 and to challenge solicitors' retainer; procedural fairness requires further opportunity to address the issue due to lack of comprehension by the Court.

Court Disposition

Leave granted to defendants to apply for withdrawal of part of reasons for judgment; directions made for exchange of evidentiary material and motions; matter stood over.

Orders

  • Leave granted for defendants to apply for withdrawal of portion of reasons relating to proceeds of sale of Lots 11 and 12 and retainer of plaintiffs' solicitors.
  • Defendants to deliver form of motion and evidentiary material on or before 17 April 2002.