Arida v Arida [2015] NSWCA 170

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arida v Arida [2015] NSWCA 170 Hearing dates: 8 April 2015 Decision date: 26 June 2015 Before: Bathurst CJ at [1]; Macfarlan JA at [7] Sackville AJA at [8] Decision: Proceedings 2014/211401 1. Appeal allowed. 2. Direct the parties to file agreed short minutes of order giving effect to these reasons for judgment within fourteen days. 3. In the absence of agreement; (a) the appellants are to file their proposed short minutes of order, together with written submissions not exceeding three pages in length, within fourteen days; (b) the respondent is to file his proposed short minutes of order, together with brief written submissions not exceeding three pages in length, within a further seven days. 4. The respondent pay the appellants' costs of the appeal. 5. The respondent, if otherwise eligible, have a certificate under the Suitors' Fund Act 1951 (NSW).

Proceedings 2014/131524 1. The Summons for leave to appeal filed on 27 June 2014 be dismissed. Catchwords: CONTRACT – construction of Heads of Agreement designed to resolve commercial dispute – one party purchased property from trustees for sale appointed as part of the resolution of an earlier dispute – contract of sale provided for the purchaser to pay interest if the sale was not completed on the Completion date – the trustees for sale parties to the Heads of Agreement – whether the Heads of Agreement modified the purchaser's obligation to pay interest. Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Suitors' Fund Act 1951 (NSW) Cases Cited: Arida v Arida [2014] NSWSC 395 Arida v Arida (No 2) [2014] NSWSC 579 Arida v Arida [2013] NSWSC 1051 Braidotti v Queensland City Properties Ltd [1991] HCA 19; 172 CLR 293 Ciaverella v Balmer [1983] HCA 26; 153 CLR 438 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; 251 CLR 640 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; 241 CLR 1 Louinder v Leis [1982] HCA 28; 149 CLR 509 Menzies v Paccar Financial Pty Ltd (No 4) [2014] NSWCA 210 Ross v Lane Cove Council [2014] NSWCA 50 Category: Principal judgment Parties: Sid Arida, Joseph Arida, George Arida (Appellants) Tony Arida (Respondent) Representation: Counsel: M Condon SC/Ms H Mann (Appellants) D Studdy SC / Ms V McWilliam (Respondent)