GLANDON PTY LTD v STRATA CONSOLIDATED PTY LTD [1988] NSWCA 50

GLANDON PTY LTD v STRATA CONSOLIDATED PTY LTD [1988] NSWCA 50

It was reasonable and prudent for the claimants to seek clarification of ambiguous orders to avoid contempt, and the court declares previous restraint does not prevent specified payments; costs of the motion are to be costs in the proceedings.

Parties
Claimant: Glandon Pty Ltd; First Opponent: Strata Consolidated Pty Ltd; Second Opponent: Tannunga Pty Ltd
Jurisdiction
Australia
Judgment Date
29 December 1988
Procedural Posture
Motion for Declaratory Orders / Hearing Before Court of Appeal in Vacation
Outcome
Declaration made clarifying rights under earlier court order; costs of motion to be costs in the proceedings.
Legal Topics
Declaratory Relief, Orders to Avoid Contempt, Costs
Civil Procedure Declaratory Relief Orders to Avoid Contempt Costs

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Parties

Glandon Pty Ltd

Claimant

Strata Consolidated Pty Ltd

First Opponent

Tannunga Pty Ltd

Second Opponent

Procedural Posture

Motion for Declaratory Orders / Hearing Before Court of Appeal in Vacation

Legal Issues

  1. 1 Should a declaration be made to clarify the effect of a prior order to remove ambiguity and avoid contempt?
  2. 2 What is the appropriate costs order in proceedings properly brought but could have been disposed of by consent?

Ratio Decidendi

It was reasonable and prudent for the claimants to seek clarification of ambiguous orders to avoid contempt, and the court declares previous restraint does not prevent specified payments; costs of the motion are to be costs in the proceedings.

Court Disposition

Declaration made clarifying rights under earlier court order; costs of motion to be costs in the proceedings.

Orders

  • Declaration that the restraint in order of 11 November 1988 does not prevent specified payments set out in CL3.1(b) of Settlement Deed of 16 May 1988, including payment amounts and payees.
  • Costs of these proceedings by Notice of Motion to be costs of the proceedings in the Equity Division.