Coffey v Coffey [2015] NSWSC 137

Supreme Court New South Wales

Medium Neutral Citation: Coffey v Coffey [2015] NSWSC 137 Hearing dates: 26 February 2015 Date of orders: 27 February 2015 Decision date: 27 February 2015 Before: Slattery J Decision: See paragraph [80] of judgment. Catchwords: ADMINISTRATION OF ESTATES - Settlement agreement regarding sale of estate lands - performance outside the settlement agreement by both parties – directions given to assist the making of an order for specific performance according to settlement agreement - orders for sharing of information between parties. CIVIL PROCEDURE - right to cross-examine witness - litigant in person - Civil Procedure Act 2005, ss 56 and 62(3)(a) - cross-examination of witness disallowed where issue outside defendant's responsibility as administrator of estate - cross-examination of witness disallowed where litigant in person does not understand the proper role of the solicitor for the opposing party. CONTRACT - construction of consent orders - meaning of 'immediately' in context - specific performance - whether a pre-condition to specific performance is solely for benefit of promisee – whether condition may be waived. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 and 62 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dorsman v Nichol (1978) 20 ALR 231 Gange v Sullivan (1966) 116 CLR 418 JC Williamson Ltd v Lukey (1931) 45 CLR 282 Measures v McFadyen (1910) 11 CLR 723 Mulcahy v Hoyne (1925) 36 CLR 41 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 Category: Consequential orders (other than Costs) Parties: Plaintiff: Leslie Raymond Coffey First Defendant: Ronald Bruce Coffey Second Defendant: Yvette Ray Latu Third Defendant: Andrew Bruce Coffey Representation: Counsel: Plaintiff: H. Durack