Pongrass v Adams [2004] NSWSC 669

Pongrass v Adams [2004] NSWSC 669

The plaintiffs were not entitled to restrain enforcement of the costs order because clause 9 of the Deed only operated if they complied with clause 1, and the evidence showed that the conduit required by clause 1 to be waterproof was not waterproof.

Jurisdiction
Australia
Judgment Date
29 July 2004
Procedural Posture
Summons Concerning Construction of a Deed and Enforcement of a Costs Order / Judgment on Summons
Outcome
Summons dismissed with costs
Legal Topics
['construction of a Deed' 'easement of Right of Way' 'specific Performance' 'waiver of Costs' 'compliance With Contractual Obligations']
['contract Law' 'property Law' 'equity' 'civil Procedure'] ['construction of a Deed' 'easement of Right of Way' 'specific Performance' 'waiver of Costs' 'compliance With Contractual Obligations']

Case Brief

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Procedural Posture

Summons Concerning Construction of a Deed and Enforcement of a Costs Order / Judgment on Summons

Legal Issues

  1. 1 ["Whether the plaintiffs complied with clauses 1 and 2 of the Deed so that clause 9 operated to waive the defendant's entitlement to costs." 'Whether installation of cabling in a conduit that was not waterproof complied with clause 1 of the Deed.']

Ratio Decidendi

The plaintiffs were not entitled to restrain enforcement of the costs order because clause 9 of the Deed only operated if they complied with clause 1, and the evidence showed that the conduit required by clause 1 to be waterproof was not waterproof.

Court Disposition

Summons dismissed with costs

Orders

  • ['The summons is dismissed with costs.']