27 Feb 2015
The phrase 'full balance of sale proceeds' in the consent order means the gross proceeds of sale subject only to necessary sale-related deductions (mortgages, rates, real estate agent commission, solicitors' conveyancing charges and similar payments required to effect the sale) and does not authorise deduction of the vendor's unrelated legal fees.
17 Jul 2014
Security for costs was justified but limited: plaintiff had a genuine claim with a real prospect of success and access to justice weighed against a full security award, plaintiff's impecuniosity was not shown to be caused by the defendant on the evidence, and a modest security sum of $10,000 paid in two tranches was appropriate to protect the defendant without denying access to justice.
12 Sept 2007
The application to set aside the writs was refused because the sealed consent order of 25 November 2003 unambiguously preserved the respondent's entitlement to pursue the amounts in Schedule D; extrinsic memoranda and affidavits could not vary the clear terms of the sealed order; the writs were properly issued and executed and no stay was warranted.