NSW Caselaw
New South Wales Supreme Court
CITATION : Gillespie v Wolseley Investments Pty Ltd (No 2) [2007] NSWSC 1382
HEARING DATE(S) : 9 November 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 9 November 2007
DECISION : Notice of Motion dismissed with costs
CATCHWORDS : SPECIFIC PERFORMANCE – supervision of contract – application for orders regulating internal affairs of defendant corporation so as to secure compliance with order for specific performance – internal steps not steps in performance of contract – application refused
PARTIES : Patricia Maria Gillespie (plaintiff) Wolseley Investments Pty Limited (defendant)
FILE NUMBER(S) : SC 6374/05
COUNSEL : I Rugless (sol) (plaintiff) J-J T Loofs (defendant)
SOLICITORS : Clinch Neville Long (plaintiff) Burridge & Legg (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRERETON J
Friday 9 November 2007
6374/05 Patricia Maria Gillespie v Wolseley Investments Pty Ltd JUDGMENT (ex tempore) 1 HIS HONOUR: On 9 March 2007 I declared that the agreement contained in an agreement of 22 March 2005 between the plaintiff Patricia Maria Gillespie, and the defendant Wolseley Investments Pty Limited, ought to be specifically performed and carried into execution, and that to that end, the defendant was and is bound to use its best endeavours to secure the consent of the Woollahra Municipal Council for use of unit 11 as a residence and, when requested, to sign all authorities and do all things that may be necessary to obtain that consent, including by prosecuting a s 82A review application. I ordered that the defendant use its best endeavours to secure the consent of the Council for use of unit 11 as a residence and, when requested, to sign such authorities and do all such things. I further ordered that, upon the consent being granted, the deed be specifically performed and carried into execution, and granted liberty to either party to apply in the event of any difficulty arising in the implementation of those orders, including for further directions to implement the orders for specific performance.
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