NSW Caselaw
New South Wales Supreme Court
CITATION : Jericho Developments Pty Ltd v Garden Tower (NSW) Pty Ltd [2006] NSWSC 595
HEARING DATE(S) : 05/06/06
JUDGMENT DATE : 21 June 2006
JUDGMENT OF : Gzell J
DECISION : Judgment for $35,810.14. Order defendant to direct solicitors to pay from moneys held in trust account under deed of release. Order the defendant to pay the plaintiff's costs.
CATCHWORDS : CONTRACTS - General Contractual Principles - Construction and Interpretation of Contracts - Whether plaintiff entitled to contributions under deed of release - Whether evidence of payment provided - Whether cause of action can be raised by amended summons - Whether defendant should be ordered to instruct its solicitor to pay plaintiff from moneys held in trust account under deed of release - Tacked on claim by amendment to summons for amount due under deed of settlement - No relationship to original claim for removal of caveat - Within the jurisdiction of Local Court - Such amendments to be discouraged - Consideration to transfer of proceedings to Local Court under the Civil Procedure Act 2005, s 146(1) or to deny plaintiff its costs
Supreme Court Rules 1970 LEGISLATION CITED : Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005
Baldry v Jackson (1976) 2 NSWLR 415 CASES CITED : Global Custodians Ltd v Mesh [1999] NSWSC 624 ANZ Banking Group v Paul Stephen Fuller & Ors [2004] NSWSC 305
PARTIES : Jericho Development Pty Ltd - Plaintiff Garden Tower (NSW) Pty Ltd - Defendant
FILE NUMBER(S) : SC 3669/05
COUNSEL : Mr F Kalyk - Plaintiff A Gelbart - Defendant
SOLICITORS : Watson & Watson Solicitors Warren F Ball & Co Solicitors
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate