ALFONSAS GINIOTIS v UNITED MARKER PTY LTD AND ONA GINOTIENE [1993] NSWCA 107

ALFONSAS GINIOTIS vy UNITED MARKER PTY LTD AND ONA GINOTIENE

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

CLARKE J 5 July 1993

[1993] NSWCA 107

Clarke J. This is an application by Alfonsas Giniotis, in essence for orders that United Marker Pty Ltd be required to carry out the terms of an Equity Court order made many years ago.

Following the making of the orders in the Equity Division an appeal was lodged to this Court and that appeal was heard on 25 November 1985. Judgment was delivered on 16 December 1985 and the applications by Mr Giniotis were dismissed with costs and the appeal was dismissed with costs. The reasons for judgment indicate that at the hearing of the appeal he appeared in person.

Furthermore reference is made in those reasons to terms of settlement in which it was agreed that $26,500 should be paid to Mr Giniotis and $6500 paid into a trust account. My understanding is that the sum of $26,500 was paid and on 22 June 1993 his Honour Meagher JA made an order in respect of the sum of $6500 which had by then found its way into the Court.

What has occurred is that a Court of Appeal has disposed of the appeal and any ancillary matters in respect of the proceedings before it. What, it seems to me — and there is some doubt about this in my mind — Mr Giniotis is seeking is that the sewer be connected to his land. Certainly there is a reference to that matter in his notice of motion. He has not, however,appeared and his wife has sought leave to appear pursuant to a power of attorney. That leave was refused by Meagher JA, but notwithstanding, I have allowed her to inform me of the position as she understands it.

She has maintained that the contract has not been fully carried out by United Marker Pty Ltd and, in addition, that there are some documents kept in secure custody in the Court, being — again I am not sure about this — certificates of title. She says her husband wishes to have the contract fully carried out and have those documents returned to him. There is no relief in respect of those claims which this Court can give and in those circumstances I have no option but to dismiss the application by Mr Giniotis.