Lake Maintenance (NSW) Pty Ltd v Bone [2017] NSWSC 758

Supreme Court New South Wales

Medium Neutral Citation: Lake Maintenance (NSW) Pty Ltd v Bone [2017] NSWSC 758 Hearing dates: 8 June 2017 Date of orders: 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) The Defendant's Notice of Motion filed 23 May 2017 is dismissed.

(2) The Defendant should pay the Plaintiff's costs. Catchwords: INJUNCTIONS – interlocutory injunctions – to stay enforcement of judgment – deed executed as settlement of proceedings – money to be paid by defendant to plaintiff - entitlement of plaintiff to enter judgment if money not paid on second anniversary of deed – provisions in deed for defendant to commence and pursue proceedings against third party – whether on proper construction of deed enforcement of judgment delayed until completion of third party proceedings – whether term implied into deed to delay enforcement – no serious question to be tried

ESTOPPEL – estoppel in pais – whether plaintiff estopped from enforcement of judgment by defendant's mistaken belief in the construction of the deed Legislation Cited: Farm Debt Mediation Act 1994 (NSW) Cases Cited: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 52 ALJR 20 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337; [1982] HCA 24 Commonwealth Bank of Australia v Barker (2014) 253 CLR 169; [2014] HCA 32 Jago v District Court of NSW (1989) 168 CLR 23; [1989] HCA 46 Category: Procedural and other rulings Parties: Lake Maintenance (NSW) Pty Ltd (Plaintiff) David James Bone (Defendant) Representation: Counsel: B Katekar & P Hart (Plaintiff) D McClelland (Defendant)