Robert Pryke Investments Pty Ltd v Blazai Pty Ltd [2000] NSWCA 222

New South Wales Court of Appeal

CITATION : Robert Pryke Investments Pty Ltd v Blazai Pty Ltd [2000] NSWCA 222 FILE NUMBER(S) : CA 40406/99 HEARING DATE(S) : 11 August 2000 JUDGMENT DATE : 18 August 2000

PARTIES : Robert Pryke Investments Pty Ltd v Blazai Pty Ltd JUDGMENT OF : Priestley JA at 1; Handley JA at 21; Sheller JA at 22

LOWER COURT JURISDICTION : District Court LOWER COURT DC 7506/96 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

COUNSEL : Appellant - J.B. Whittle SC / P.P. O'Loughlin Respondent - F.S. McAlary QC / B. Slowgrove SOLICITORS : Appellant - Baldwin, Oates & Tidbury Respondent - Dennis & Company CATCHWORDS : Conveyancing Act ss66K, 66M - factual findings by trial judge LEGISLATION CITED : Conveyancing Act CASES CITED: Stephenson v State Bank of NSW Ltd (1996) 39 NSWLR DECISION : Appeal dismissed. Costs orders varied.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40406/99 DC 7506/96

PRIESTLEY JA HANDLEY JA SHELLER JA

Friday, 18 August 2000

ROBERT PRYKE INVESTMENTS PTY LIMITED v BLAZAI PTY LIMITED

CONVEYANCING ACT - SECTIONS 66K, 66M.

The trial judge found that the plaintiff, purchaser of land, was entitled pursuant to s 66M to a reduction of the purchase price payable to the defendant vendor. The defendant's appeal sought to contest (i) factual findings by the trial judge; (ii) whether the plaintiff had discharged its onus to show what the reduction should be; (iii) a costs order made by the trial judge.

Held: (i) no basis for changing the trial judge's factual findings; (ii) there was sufficient material before the judge to discharge the plaintiff's onus; (iii) the court would make a minor variation to the trial judge's costs orders, but not of sufficient significance to affect the costs orders on the appeal which would otherwise have been made. ORDERS 1. Appeal dismissed subject to the trial judge's costs orders being set aside so that in their stead the following costs orders may be and are made: Order that the defendant pay the plaintiff's costs until 9 October 1997 on a party and party basis and that the defendant pay the plaintiff's costs from 9 October 1997 on a solicitor and client basis, except for the costs thrown away as a result of the matter not being heard on 16 November 1998, such costs to be paid by the plaintiff to the defendant. 2. The appellant to bear the respondent's costs of the appeal. THE SUPREME COURT