18 Jan 2018
The court directed further evidence and set the matter down for a two‑hour hearing with specified filing deadlines, and held that the adjournment must not impede performance of the Tomlin Order in relation to disposal of the three properties; costs were reserved.
13 Aug 2015
Paragraph 6(iii) of the settlement Schedule completed the valuation process and made the valuer's decision in the May Report final and conclusive; the court will only interfere if the valuer materially departed from instructions; no material departure was shown (including on treatment of bills payable and application of IVS), so the May Report stands and the respondents' summons is dismissed.
20 Dec 2005
The Court refused leave because the settlement deed and confirming correspondence contained no term to resume supply and the defendant's allegation of such a term was not credible, so no triable issue existed to justify an appeal.
22 Feb 1990
Because the Deed of Settlement predated and prescribed the terms incorporated into the Tomlin Order, and the parties intended the payment terms to interlock with the Deed (including Clause 6 and Clause 7), the payment terms in the Schedule carried the extended meaning given by the Deed; accordingly the defendant could invoke the Deed's provisions in defense to the plaintiff's instant application.