Lagerbar Balmain Pty Ltd v Riverview Hotel Balmain Pty Ltd [2006] NSWSC 1433

New South Wales Supreme Court

CITATION : Lagerbar Balmain Pty Ltd v Riverview Hotel Balmain Pty Ltd [2006] NSWSC 1433 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15 December 2006

JUDGMENT DATE : 15 December 2006

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

EX TEMPORE JUDGMENT DATE : 12/15/2006

DECISION : Defendant's undertaking released.

CATCHWORDS : UNDERTAKING TO COURT – Whether one party unreasonably refused to comply with interim agreement between parties – whether other party's undertaking to Court conditional on performance of agreement should be released.

PARTIES : Lagerbar Balmain Pty Ltd – Plaintiff Riverview Hotel Balmain Pty Ltd – Defendant

FILE NUMBER(S) : SC 5365/06

COUNSEL : P. Wilson (Sol) – Plaintiff N. Gye – Defendant

SOLICITORS : Adams Molloy – Plaintiff Barringer Leather Lawyers – Defendant

5365/06 Lagerbar Balmain Pty Ltd v Riverview Hotel Balmain Pty Ltd

JUDGMENT – Ex tempore 15 December, 2006

1 The Defendant in these proceedings moves on a Notice of Motion filed on 30 November 2006. There are a number of prayers for relief in that Notice of Motion but only one is pursued today, that is, the relief sought in paragraph 3 of the Notice of Motion which seeks an order that the Defendant be released from an undertaking contained in paragraph 5 of Consent Orders which were made by this Court on 23 October 2006. The orders which were made on that day are contained in a handwritten document prepared by the parties. The document is headed "Consent Orders". It commences: "The court notes the agreement of the parties and orders that: