Castle Hill Pty Ltd v Whiting & Anor [1994] QSC 309

se H(:w9 State Reporting Bureau TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION SHEPHERDSON J No 1958 of 1992 CASTLE HILL PTY LTD (ACN 010 746 700) and AGNES HELEN WHITING as representative of ALFRED JOHN WHITING, deceased, and AGNES HELEN WHITING By Original Action AGNES HELEN WHITING as representative of ALFRED JOHN WHITING, deceased and AGNES HELEN WHITING and CASTLE HILL PTY LTD (ACN 010 746 700) and JUDITH ANN MURPHY, DANIEL ROLAND MURPHY, SCOTT FITZGERALD ALLEN, PHILIP FRANCIS RICHARDS, PINNACLE PROPERTIES LIMITED and KEYPAC PTY LTD By Counterclaim 1 ----------------~ REVISED CCPlES !SSUED State Reporting Bureau Date ll I II I 1V Plaintiff Defendants Plaintiffs First Defendant i () -- 1 of 4 -- BRISBANE .. DATE 21/10/94 ORDER 10 20 30 40 50 60 2 -- 2 of 4 -- 211094 mmb (Shepherdson J) HIS HONOUR: The action having been settled, by consent I make the following orders: (1) I declare that the notice of rescission given on 21 December 1992 (see Exhibit 6) is of no effect; (2) I declare that the contracts of sale between Alfred John Whiting and Agnes Helen Whiting as vendors and Castle Hill Pty Ltd as purchaser both dated 24 May 1991 in respect of lot 1 and portion 1 be specifically performed and carried into execution; ( 3) I order. that the first and second defendants by counterclaim (except Scott Fitzgerald Allen) pay to the defendant by original action the sum of $800,000 on 21 January 1995, subject to adjustment of rates and land tax in accordance with the said contracts; (4) I further order that on payment in accordance with the foregoing order the defendant by original action deliver to the plaintiff by original action or its solicitor at the office of Hunt & Hunt, solicitors, Level 22, Central Plaza 2, Brisbane the following documents: (a) two duly executed transfers in Form 2 in favour of the plaintiff by original action in registrable form of an estate in fee simple in each parcel of land; (b) two forms 100 in favour of the plaintiff by original action; ORDER 3 10 20 30 40 50 60 -- 3 of 4 -- 211094 mmb (Shepherdson J) (c) certificates of title for each of lot 1 and portion 1 free from all encumbrances (save such as are noted in the said contracts); 10 (d) any document required from the defendant by original action to enable the said transfers to be stamped; (5) liberty to apply. 20 When the settlement has been concluded I ask the solicitors on each side to sign a notice of discontinuance and file it in the Registry so administratively the action is completed. 30 MR DUTNEY: Would Your Honour direct the return of the exhibits? HIS HONOUR: Thank you for reminding me. I direct that the various exhibits be returned to the rightful owners. 40 50 60 ORDER 4 -- 4 of 4 --