Australian Hardboards Limited v Hudson Investment Group Limited

(2007) 70 NSWLR 201; [2007] NSWCA 104

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and Orders
3. › Liberty to Apply
4. › Scope of orders that can be sought
5. › Working out an order for specific performance
6. › Whether questions arising after the original order can be decided
7. › Whether both parties to a contract can raise questions under liberty to apply
1. Practice and Procedure
2. › Judgments and Orders
3. › Further Consideration
4. › Scope of reservation of further consideration
5. › Whether matters not disposed of by original orders can be dealt with on later occasion
1. Practice and Procedure
2. › Abuse of Process
3. › Multiplicity of proceedings
4. › Stay of proceedings
5. › Whether second proceedings raising same issues as existing proceedings constitute abuse of process
6. › Civil Procedure Act 2005 (NSW), s 67
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Events occurring after judgment below
5. › Whether subsequent events relevant to question of appellable error
6. › Whether subsequent events relevant when appeal court exercises own discretion

Quick Take

Liberty to apply in a specific performance decree extends to deciding questions about the parties' rights under the contract that arise after the decree, including questions raised by the party ordered to perform. Where all issues raised in separate proceedings can be resolved under existing reservations of liberty to apply and further consideration, the separate proceedings will be stayed as an abuse of process. Both parties to a contract have rights under a decree for specific performance, and the party ordered to perform can assert its contractual rights in the course of working out the order.