Australian Lending and Finance Pty Ltd v D and D Properties Australia as trustee for the D and D Property Trust

The case involved Australian Lending and Finance Pty Ltd as the plaintiff, and D and D Properties Australia, acting as trustee for the D and D Property Trust, as the defendant. The dispute centred around the plaintiff's application for an extension of time to comply with a consent judgment. The matter was heard in the Supreme Court of Queensland.

The primary legal issue was whether the court has the discretion to extend the time for compliance with a consent judgment, particularly in circumstances where the plaintiff had not acted promptly in enforcing the judgment. The court needed to balance the principle of finality in judgments with the need to ensure that the terms of the judgment are carried out effectively. The case examined the extent to which the court could intervene to grant relief where the plaintiff had not sought to enforce the judgment within the stipulated period.

The Supreme Court held that while the court does have the power to extend the time for compliance with a consent judgment, it must be exercised judiciously. The court considered factors such as the reason for the delay, the likelihood of prejudice to the opposing party, and whether the delay was inexcusable. The court found that the plaintiff's delay in enforcing the judgment was not inexcusable and granted the application for an extension of time. The court also emphasised the importance of the finality of judgments and the need for parties to act promptly in enforcing their rights.

The final orders of the court included granting the plaintiff an extension of time to comply with the consent judgment, with specific directions as to the steps the plaintiff must take to enforce the judgment within the new timeframe. The court also ordered the plaintiff to pay the defendant's costs associated with the application for the extension of time.