Western Land Developments Pty Limited & Anor v Maganic Brothers and Sister Pty Limited & Anor [2013] NSWSC 1574

Supreme Court New South Wales

Medium Neutral Citation: Western Land Developments Pty Limited & Anor v Maganic Brothers and Sister Pty Limited & Anor [2013] NSWSC 1574 Hearing dates: 28 & 29 October 2013 Decision date: 29 October 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Specific performance of the parties' partition agreement ordered. Remaining disputed questions referred to mediation. Costs reserved. Catchwords: CONTRACT - Specific performance - parties agree on terms of settlement to partition certain industrial land - Council requirements create unforseen expenses in the performance of the parties' settlement agreement - parties seek supplementary orders to give effect to their original agreement - but the parties are at issue as to the precise orders to be made. Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Environmental Planning and Assessment Act 1979, s 121B Category: Consequential orders Parties: First Plaintiff: Western Land Developments Pty Limited Second Plaintiff: Edmond Brendan Kelly

First Defendant: Maganic Brothers and Sister Pty Limited Second Defendant: Ante Maganic Representation: Counsel: Plaintiffs:G. Rundle Defendants: M. Sneddon; Mr P. Kondic Solicitors: Plaintiffs: Robert Savio, Savio Solicitors Defendants: Robert McLaughlin, McLaughlin & Riordan Solicitors File Number(s): 2007/255371 Publication restriction: No