EASTERN SUBURBS HARDWARE PTY LTD v LEVY [1988] NSWCA 39

EASTERN SUBURBS HARDWARE PTY LTD v LEVY [1988] NSWCA 39

The order as entered lacked clarity and the parties' differing interpretations led to confusion and non-compliance; the Court found it desirable to relieve the opponent of the consequence of breach and to clarify the obligation by extending time for compliance.

Parties
Claimant: Eastern Suburbs Hardware Pty Ltd; Opponent: Levy
Jurisdiction
Australia
Judgment Date
27 October 1988
Procedural Posture
Appeal / Post Motion for Stay/additional Motion
Outcome
Time for compliance with Order 5 extended; costs of the additional motion to be costs in the appeal.
Legal Topics
Clarification of Orders, Extension of Time
Practice and Procedure Judgments and Orders Clarification of Orders Extension of Time

Case Brief

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Parties

Eastern Suburbs Hardware Pty Ltd

Claimant

Levy

Opponent

Procedural Posture

Appeal / Post Motion for Stay/additional Motion

Legal Issues

  1. 1 disparity between pronounced and entered orders
  2. 2 clarification of obligations under court orders

Ratio Decidendi

The order as entered lacked clarity and the parties' differing interpretations led to confusion and non-compliance; the Court found it desirable to relieve the opponent of the consequence of breach and to clarify the obligation by extending time for compliance.

Court Disposition

Time for compliance with Order 5 extended; costs of the additional motion to be costs in the appeal.

Orders

  • The Court extends time within which the opponent must comply with Order 5 as entered, until Tuesday 1 November 1988 at 4 pm.
  • Costs of the additional motion are to be costs in the appeal.