Blazevic Holdings Pty Ltd v Warwick S Grave [2011] NSWSC 1504

Blazevic Holdings Pty Ltd v Warwick S Grave [2011] NSWSC 1504

The original orders were final, specific and unambiguous, and required the defendant only to procure Gradenco Pty Ltd to pay $25,000; an order requiring the defendant or Gradenco to pay would impose substantive relief substantially different from the original orders and was not necessary to work out or implement them. Civil Procedure Act 2005 s 73, liberty to apply and any asserted reservation of further consideration did not authorise such relief. Joinder of Gradenco was sought too late after the relevant proceedings had been finalised and was not necessary to determine the matters then in dispute.

Jurisdiction
Australia
Judgment Date
09 December 2011
Procedural Posture
Interlocutory Applications / Amended Notice of Motion After Final Orders Seeking Orders to Give Effect to Settlement Agreement, Joinder of Gradenco Pty Ltd, Payment, Interest and Costs
Outcome
The amended notice of motion filed 25 November 2011 was dismissed.
Legal Topics
['finality of Entered Final Orders' 'liberty to Apply' 'reservation of Further Consideration' 'joinder' 'specific Performance of Settlement Deed' 'civil Procedure Act 2005 S 73']
['practice and Procedure' 'judgments and Orders' 'settlement Agreements' 'civil Procedure'] ['finality of Entered Final Orders' 'liberty to Apply' 'reservation of Further Consideration' 'joinder' 'specific Performance of Settlement Deed' 'civil Procedure Act 2005 S 73']

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Procedural Posture

Interlocutory Applications / Amended Notice of Motion After Final Orders Seeking Orders to Give Effect to Settlement Agreement, Joinder of Gradenco Pty Ltd, Payment, Interest and Costs

Legal Issues

  1. 1 ['Whether the Court should order the defendant to pay $25,000 after final orders had required him to procure Gradenco Pty Ltd to pay that amount.' 'Whether Civil Procedure Act 2005 s 73 empowered the Court to make further orders after final orders had been entered to give effect to the settlement.' 'Whether the liberty to apply in the original orders authorised substantive relief different from the original orders.' 'Whether further consideration had been expressly or impliedly reserved.' 'Whether Gradenco Pty Ltd should be joined under r 6.24(1) or s 73 after the proceedings had been finalised.']

Ratio Decidendi

The original orders were final, specific and unambiguous, and required the defendant only to procure Gradenco Pty Ltd to pay $25,000; an order requiring the defendant or Gradenco to pay would impose substantive relief substantially different from the original orders and was not necessary to work out or implement them. Civil Procedure Act 2005 s 73, liberty to apply and any asserted reservation of further consideration did not authorise such relief. Joinder of Gradenco was sought too late after the relevant proceedings had been finalised and was not necessary to determine the matters then in dispute.

Court Disposition

The amended notice of motion filed 25 November 2011 was dismissed.

Orders

  • ['The amended notice of motion filed 25 November 2011 be dismissed.' 'The plaintiff to pay the costs of the defendant and of Gradenco Pty Ltd.']