Ireland v Burnett [2019] NSWSC 1501

Supreme Court New South Wales

Medium Neutral Citation: Ireland v Burnett [2019] NSWSC 1501 Hearing dates: 28 October 2019 Date of orders: 28 October 2019 Decision date: 01 November 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Summary judgment be entered for the plaintiffs against the first defendant; (2) Order that the first defendant take all steps necessary specifically to perform the agreement reached in October 2017 by: (a) completing within seven days all remaining works necessary for the construction of the Gooseneck trailer and applying within that time for the requisite engineering certificate required for registration of the Gooseneck trailer with Roads and Maritime Services; (b) within seven days of receipt of the requisite engineering certificate register the Gooseneck trailer for road use by Roads and Maritime Services, such registration to be at the first defendant's cost; and (c) within one business day of registration of the Gooseneck trailer for road use deliver up or make the Gooseneck trailer available for collection by the plaintiffs (subject only to the tender by the plaintiffs of the sum of $17,600 on collection of the Gooseneck trailer); (3) Grant liberty to apply on three days' notice; (4) Stand the matter over for damages to be assessed; (5) List the matter for directions at 9am on 5 November 2019; (6) Order the first defendant to pay the plaintiffs' costs of the amended notice of motion on an indemnity basis; otherwise reserve the costs of these proceedings; (7) Order that these orders be entered forthwith. Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) – construction and purchase of a horse trailer – summary judgment ordered against the first defendant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 13.1 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Stojanovski v Stojanovski [2018] NSWSC 1967 Category: Procedural and other rulings Parties: Corey Dean Ireland (First Plaintiff) Prudence Jane Ireland (Second Plaintiff) Gregory Howard Burnett (First Defendant) Elle Burnett (Second Defendant) Representation: Counsel: AD Crossland (Plaintiffs) J Polese (Defendants)