Coastal Nursing Care Pty Ltd v Tynan Motors Pty Ltd t/as Tynan Motors Pty Ltd

Coastal Nursing Care Pty Ltd sought damages against Tynan Motors Pty Ltd t/as Tynan Motors Pty Ltd in the Supreme Court of Western Australia. Coastal Nursing Care had previously entered into a settlement agreement with Tynan Motors regarding a dispute over the supply of goods. The current action sought to enforce the settlement agreement, specifically to recover a sum of money due under that agreement.

The primary legal issue before the court was the enforcement of the settlement agreement and the appropriate measure of damages due under that agreement. The court was also required to consider whether any additional costs should be awarded to the parties.

The court found that the settlement agreement was valid and enforceable. The sum of $4,475.00 was due to Coastal Nursing Care under the terms of the settlement. The court ordered Tynan Motors to pay this sum within 28 days. Regarding costs, the court directed that if any party wished to seek an order in respect of costs other than each party bearing its own costs, they must file and serve submissions and any supporting evidence within 14 days. Any responsive submissions or evidence were to be filed and served within a further 14 days. The submissions were also to state whether the party consented to the question of costs being determined on the papers, and if not, why. If no application for costs was made, the court intended that each party would bear its own costs.