Coastalstyle Pty Ltd v Proprietors 'Surf Regency' Building Units Plan No 4246 [1993] QSC 159

- \ ( j TRANSCRIPT OF PROCEEDINGS •. . ' - (C~pyright in this transcript is vested in the Crown. C~pies tbe~eof inust not be made or sold · without the written authority of the Director, State Reporting Bureau.) - .,. ·" ' ~ .. - .. -- ~- SUPREME COURT-OF QUEENSLAND 'CIVIL JURISDICTION THOMAS J Writ No 1336 of 1991 COASTALSTYLE PTY LTD and THE PROPRIETORS, SURF REGENCY BUILDING. UNITS PLAN 4246 BRISBANE REVISED COPIES ISSUED State Repo:ifng Bureau Date J._F ~ 1 1.3 Plaintiff/ Applicant Defendant/Respondent l ) ' .. DATE 25/05/93 ORDER 1 4th Floor, The Law Courts, Geo~~e Street, Brisbane, Q. 4000 Tele:vhone: (07) 227 4360. Facsimile: (07) 227 5532 -- 1 of 4 -- · 250593 at/lu (Thomas J) :._ HIS HONOUR: By consent I amend the.earlier-judgment to l declare in the terms-contained. in paragraph 5 of the respondent's submissions. HIS HONOUR: It seems to me that the appropriate order should be that the order of 20 December 1991 be amended by replacing all parts thereof, except the order for costs, and liberty to apply with the following order: "IT.IS DECLARED - -- -(a) that the Deed of Assignment made on 16 February 1989 between the Plaintiff, the Defendant and Brancove Pty Ltd contains a valid and enforceable contract between the Plaintiff and the Defendant; (b) that all the terms of the agreement created by the Deed of Assignment dated 16 February 1989 are within the powers of the Defendant. 10 20 c- 30 AND IT IS FURTHER DECLAREDthat the agreement created by Deed of Assignment dated 16 February 1989 be (_; specifically performed and carried into execution, and it is adjudged the same accordingly; AND IT'IS FURTHER ORDERED that there be an assessment and payment to the Plaintiff of damages in addition to the decree of specific performance; AND IT IS FURTHER ORDERED that the Defendant pay the Plaintiff's costs of and incidental to this action including reserved costs if any, to be taxed." I reserve the-question of inclusion of any_further de6laration~ after further submissions. ORDER 2-. 40 50 60 ----~ -------- ~ -- 2 of 4 -- 250593 at/lu (Thomas J) HIS HONOUR: What I would propose at this stage, without further debate, would be to adjourn the matter to a date to be. fixed on the parties' undertaking, if you are your able to give those undertakings, to bona fide mediate the dispute before Mr McNamara, a registrar of this Court, at a time to be fixed in consultation with him. HIS HONOUR: I think it is desirable that the parties know that the matter can and will come back before me on a fixed date and that, if necessary, I.. will hear .and dete:e!lline.what·has to be ( litigated and that date will be 23 August. HIS HONOUR: Liberty to bring the matter back on before me. HIS HONOUR: I d1rect that the parties mediate the matters in issue in the submissions received today. HIS HONOUR: In addition to the orders already made this morning, I order the plaintiff to pay the _defendant's costs of the proceedings on 11 May, 1 8 May. . : _The . costs of today for both parties are reserved, and iricluded in that reservation is the right of the respondent to seek a direction in relation to ORDER 3 10 20 30 40 50 60 -- 3 of 4 -- .• 250593 at/lu (Thomas J) the costs of seriioi coun~el~ ... I ... 10 30 () 40 c\ 50 60 ORDER 4 -- 4 of 4 --