White City Tennis Club Ltd v John Alexander's Clubs Pty Ltd & Anor (No 2) [2009] NSWCA 194

Appeal Outcome: Appeal allowed with costs, 26 May 2010 [2010] HCA 19

New South Wales Court of Appeal

CITATION: White City Tennis Club Ltd v John Alexander's Clubs Pty Ltd & Anor (No 2) [2009] NSWCA 194

HEARING DATE(S): On the Papers

JUDGMENT DATE: 23 July 2009

JUDGMENT OF: Giles JA at 1; Basten JA at 2; Macfarlan JA at 31

(1) Vary Order (d) made on 3 June 2009 by deleting the words "on or before the date 3 months from the date of these orders" and replacing them with the words "as expeditiously as possible". (2) Order that in the event that the second respondent does not comply with order 4 as entered on 12 June 2009 and as subsequently varied, a Registrar of the Court is empowered to execute all documents and do all things as may be necessary to transfer to the appellant the second respondent's right, title and interest in the land contained in Folio Identifier 2/1114604. (3) Order that the words "subject to any different order that may be made by the Supreme Court of New South Wales in any other proceedings to which the appellant and respondents are parties" be added to the end of Order 1 made by Tobias JA on 6 April 2009, as subsequently extended. DECISION: (4) Grant leave to Walker Corporation Pty Ltd to file in court the Amended Notice of Motion dated 22 June 2009 provided by it to the Court. (5) Dismiss the Amended Notice of Motion of Walker Corporation Pty Ltd and order Walker Corporation Pty Ltd to pay the costs of the appellant of the Amended Notice of Motion (including its costs of the Notice of Motion which it superseded). (6) Order that the respondents pay the appellant's costs of its Notice of Motion dated 5 June 2009. (7) Stay, until further order, Order (d) made on 3 June 2009 and as varied by Order (1) above. (8) Liberty to any party to apply upon three days notice to the other parties for discharge or variation of Order (7) above.