Ryan v UPG 322 Pty Ltd (No 2) [2023] NSWSC 1629

Supreme Court New South Wales

Medium Neutral Citation: Ryan v UPG 322 Pty Ltd (No 2) [2023] NSWSC 1629 Hearing dates: 8 December 2023; further written submissions ending 13 December 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [76]-[83] Catchwords: CIVIL PROCEDURE – judgments and orders – enforcement – default – application for examination order – contract for sale of land – order for specific performance against purchaser and guarantor – direction for payment of amount due on settlement –– whether order which "requires the person bound by it to pay money" – Civil Procedure Act 2005, s 108(5) – purchaser and guarantor in default – further remedies – contempt – no election against later damages claim by pursuit of specific performance – directions appointing further settlement date under order for specific performance – application for appointment of receiver – equitable execution– Uniform Civil Procedure Rules, r 40.2 – examination order made Legislation Cited: Civil Procedure Act 2005, ss, 3(1), 87, 106, 108 Evidence Act 1995, s 128 Supreme Court Act 1970, s 67 Uniform Civil Procedure Rules 2005, rr 34.1, 40.2, 40.6, 42.7 Cases Cited: Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Austress Freyssinet v Kowalski [2007] NSWSC 1105 Caird Seven Pty Ltd v Attia (2016) 92 NSWLR 457 Despot v Registrar General of New South Wales [2016] NSWCA 5 In the matter of Xpress Fuel Australia Pty Ltd [2023] NSWSC 692 Johnson v Agnew [1980] AC 367 Marcolongo v Mazoudier [2008] NSWSC 1403 Quadunion Builders Pte Ltd v Aircraft Support Industries Pty Ltd (No 2) [2015] NSWSC 1857 Ryan v UPG 322 Pty Ltd [2023] NSWSC 1293 Texts Cited: Nil Category: Consequential orders Parties: Notice of Motion filed 22 November 2023 Michael Carl Ryan (Applicant) UPG 322 Pty Limited (First Respondent) Bhart Bhushan (Second Respondent)