NSW Caselaw
New South Wales Supreme Court
CITATION : EDPI Pty Ltd v Rapdocs Pty Ltd [2007] NSWSC 195
HEARING DATE(S) : 5-9 & 16 February 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 12 February 2007
DECISION : Cross claim for specific performance and declaratory relief based on agreement dismissed for want of clean hands. Plaintiff entitled to title deeds. Plaintiff entitled to half costs, including on indemnity basis from date of offer.
CATCHWORDS : EQUITY – Equitable defences – clean hands – where agreement of which enforcement sought involved procuring a breach of trust – where cross-defendant declines to plead want of good hands – discretion of court - washing hands – where no suggestion of cleansing until closing submissions. COSTS – offer of compromise – where costs of proceeding increased by successful offeror's pursuit of issue on which it fails.
LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules r 42.14(2)
Hillier v Sheather (1995) 36 NSWLR 414 Jones v Sutton (No 2) (2005) NSWCA 203 CASES CITED : Kennedy v The Queen [1864] 1 WW& a'B(E) 145 Kettles and Gas Appliances Limited v Anthony Hordern & Sons Limited (1934) 35 SR (NSW) 108 Leather Cloth Company Ltd v American Leather Cloth Company Ltd (1865) 11 HLC 523 Morgan v Johnson (1998) 44 NSWLR 578
EDPI Pty Ltd (plaintiff) PARTIES : Rapdocs Pty Ltd (first defendant) John James (second defendant)
FILE NUMBER(S) : SC 5172/04
COUNSEL : D Murr SC w D Baran (plaintiff) G Sirtes (defendants)
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