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.
Case Details
Citation[2015] NSWSC 137
CourtNSWSC
JurisdictionNew South Wales
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