Growthbuilt Pty Limited v Paul Saad

The parties involved in this case are Growthbuilt Pty Limited, the plaintiff, and Paul Saad, the defendant. The dispute revolves around a consent judgment annexed to a variation of settlement agreement. Growthbuilt sought summary judgment in the Federal Circuit and Family Court of Australia, seeking to enforce the consent judgment against Saad. The legal issues the court needed to resolve included whether the application for summary judgment was appropriate and if the costs order was correctly made under the relevant rules. The court examined the terms of the consent judgment and the parties' agreement regarding costs.

The court found that the consent judgment was valid and enforceable, and the application for summary judgment was appropriate. The court also considered the parties' agreement that costs would be determined in accordance with the UCPR 42.34 rules. Given that Growthbuilt recovered less than $500,000, the court determined that the costs order was correctly made in favour of Growthbuilt. The court emphasised that the parties had contemplated the enforcement of the consent judgment by proceedings in the Court, and thus, the costs order was in line with their agreement.

The Federal Circuit and Family Court of Australia ruled in favour of Growthbuilt, granting summary judgment and enforcing the consent judgment against Saad. The court also upheld the costs order in favour of Growthbuilt, as per the agreement between the parties. The court's decision was based on the validity of the consent judgment, the appropriateness of the application for summary judgment, and the proper application of the UCPR 42.34 rules. The final orders of the court included judgment for the plaintiff, Growthbuilt Pty Limited, and an order for costs in their favour.