DORSMAN v CASTAGNA [1993] NSWCA 85

DORSMAN v CASTAGNA

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Mauoney JA, SHELLER JA and Cripps JA 8 April 1993

[1993] NSWCA 85

Mahoney JA, Sheller JA and Cripps JA. Dr Castagna is the owner of an hotel at Alstonville near Lismore. Mr and Mrs Dorsman claim he has contracted to sell them the hotel. Dr Castagna denies that he has. The claim was dismissed by Waddell CJ in Eq An appeal to this Court was heard and was at the relevant date pending.

Mr and Mrs Dorsman fear that under the terms of their existing lease of the hotel they are or may be obliged to carry out work on the hotel. Dr Castagna is pressing them to do such work. If they succeed in the appeal they would not wish to do the work. They are therefore anxious to stay a decision as to whether the work is to be done until they know their position.

On 8 March 1993 they filed a motion seeking an order, subject to conditions, that Dr Castagna be restrained from taking steps to enforce such obligations as they may have in this regard. The motion was heard by this Court on 29 March 1993.

On 8 April 1993 this Court dismissed the appeal against the judge's order. The result is that Dr Castagna is not obliged to sell the hotel to Mr and Mrs Dorsman.

In these circumstances, the basis of the application on motion is substantially removed. It is not necessary to canvass all of the considerations referred to during that motion. The practical result of it is that in the opinion of the Court, no order should be made upon it as requested by Mr and Mrs Dorsman.

The motion is therefore dismissed with costs.

Orders accordingly.