Alanbert Pty Ltd v Bulevi Pty Ltd [2000] NSWSC 610

Alanbert Pty Ltd v Bulevi Pty Ltd [2000] NSWSC 610

Orders were made to reflect substantive rights determined in previous judgments; variations of contracts should not be declared where undefined to avoid confusion; parties are entitled to joint and several orders by agreement; outstanding amounts and security under the mortgage will be determined by further agreement or application.

Parties
Plaintiff: Alanbert Pty Limited; Plaintiff: Bernoth Realty Pty Ltd; Plaintiff: Cecil Alan Bernoth; Defendant: Bulevi Pty Ltd; Defendant: Davhand Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 2000
Procedural Posture
Civil / Post Judgment Orders and Directions
Outcome
Orders made. Proceedings stood over for further directions. Liberty to apply reserved.
Legal Topics
Supreme Court Procedure, Preliminary Rules, Overriding Purpose of Rules, Resolution of Real Issues, Variation of Contracts, Caveats, Joint and Several Liability
Equity Supreme Court Procedure Preliminary Rules Overriding Purpose of Rules Resolution of Real Issues Variation of Contracts Caveats Joint and Several Liability

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Parties

Alanbert Pty Limited

Plaintiff

Bernoth Realty Pty Ltd

Plaintiff

Cecil Alan Bernoth

Plaintiff

Bulevi Pty Ltd

Defendant

Davhand Pty Ltd

Defendant

Procedural Posture

Civil / Post Judgment Orders and Directions

Legal Issues

  1. 1 Representation of deceased estate in proceedings
  2. 2 Variation of March 1994 contracts by August 1995 deed
  3. 3 Effect of caveats on land title

Ratio Decidendi

Orders were made to reflect substantive rights determined in previous judgments; variations of contracts should not be declared where undefined to avoid confusion; parties are entitled to joint and several orders by agreement; outstanding amounts and security under the mortgage will be determined by further agreement or application.

Court Disposition

Orders made. Proceedings stood over for further directions. Liberty to apply reserved.

Orders

  • Orders as finally settled will be made upon receipt of Bertram Bernoth's consent.
  • Excised wording from order 4 regarding variation by August 1995 deed.