OSBORNE v AYMMATT PTY LTD [1988] NSWCA 109
The appeal was dismissed as an abuse of process because no challenge was made to the trial judge’s finding of an agreed variation to the contract completion date, and no arguable basis was advanced to overturn the orders for specific performance; proceeding with the appeal would be pointless and contrary to the efficient administration of justice.
- Parties
- Claimant: Osborne; Opponent: Aymmatt Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 26 September 1988
- Procedural Posture
- Appeal / Motion for Dismissal of Appeal
- Outcome
- Appeal dismissed as abuse of process
- Legal Topics
- Appeal, Abuse of Process, Specific Performance, Vendor and Purchaser, Variation of Contract
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Osborne
Claimant
Aymmatt Pty Ltd
Opponent
Procedural Posture
Appeal / Motion for Dismissal of Appeal
Legal Issues
- 1 Whether the appeal constituted an abuse of process given the unchallenged finding regarding variation of settlement time.
- 2 Whether there was any arguable ground to disturb the trial judge's orders for specific performance following agreement to vary settlement date.
Ratio Decidendi
The appeal was dismissed as an abuse of process because no challenge was made to the trial judge’s finding of an agreed variation to the contract completion date, and no arguable basis was advanced to overturn the orders for specific performance; proceeding with the appeal would be pointless and contrary to the efficient administration of justice.
Court Disposition
Appeal dismissed as abuse of process
Orders
- Appeal dismissed.
- Opponent to pay claimant's costs of the motion and of the appeal.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment