Ireland v Burnett - [2019] NSWSC 1501

Supreme Court

New South Wales

Medium Neutral Citation: Ireland v Burnett [2019] NSWSC 1501
Hearing dates: 28 October 2019
Date of orders: 28 October 2019
Decision date: 01 November 2019
Jurisdiction: Equity
Before: Ward CJ in Eq
Decision:
(1) Summary judgment be entered for the plaintiffs against the first defendant;
(2) Order that the first defendant take all steps necessary specifically to perform the agreement reached in October 2017 by:
(a) completing within seven days all remaining works necessary for the construction of the Gooseneck trailer and applying within that time for the requisite engineering certificate required for registration of the Gooseneck trailer with Roads and Maritime Services;
(b) within seven days of receipt of the requisite engineering certificate register the Gooseneck trailer for road use by Roads and Maritime Services, such registration to be at the first defendant's cost; and
(c) within one business day of registration of the Gooseneck trailer for road use deliver up or make the Gooseneck trailer available for collection by the plaintiffs (subject only to the tender by the plaintiffs of the sum of $17,600 on collection of the Gooseneck trailer);
(3) Grant liberty to apply on three days' notice;
(4) Stand the matter over for damages to be assessed;
(5) List the matter for directions at 9am on 5 November 2019;
(6) Order the first defendant to pay the plaintiffs' costs of the amended notice of motion on an indemnity basis; otherwise reserve the costs of these proceedings;
(7) Order that these orders be entered forthwith.

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) – construction and purchase of a horse trailer – summary judgment ordered against the first defendant
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 13.1
Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69
Stojanovski v Stojanovski [2018] NSWSC 1967
Category: Procedural and other rulings
Parties: Corey Dean Ireland (First Plaintiff)
Prudence Jane Ireland (Second Plaintiff)
Gregory Howard Burnett (First Defendant)
Elle Burnett (Second Defendant)
Representation:
Counsel:
AD Crossland (Plaintiffs)
J Polese (Defendants)
Solicitors:
Foulsham & Geddes (Plaintiffs)
Aqua Law (Defendants)

File Number(s): 2019/00183825
Publication restriction: Nil

Judgment

HER HONOUR: This is an application by amended notice of motion filed 22 October 2019 by the plaintiffs seeking summary judgment or, in the alternative, default judgment against the defendants in relation to a claimed contract for the purchase of a horse trailer known as a Gooseneck horse trailer.

Background

These proceedings were commenced by statement of claim filed on the 13 June 2019 by the plaintiffs, Mr and Mrs Ireland. The defendants are Mr and Mrs Burnett. The statement of claim pleads the following allegations:

1.   The defendants operate a business building and selling custom-made horse floats and trailers;
2.   On or about 31 October 2016, the plaintiffs and defendants entered into the following agreement:
(a)   The defendants would build a ’1300 x 2400 x 2200…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ireland v Burnett

Details

AGLC: Ireland v Burnett [2019] NSWSC 1501
Case: [2019] NSWSC 1501
Decision Date: 01 November 2019

CaseChat Overview and Summary

The dispute between Ireland, the plaintiff, and Burnett, the first defendant, was heard in the Supreme Court of New South Wales. The plaintiff sought summary judgment against the defendant for the recovery of $16,900, representing the purchase price of a horse trailer. The defendant, in turn, had filed a cross-claim for the return of a deposit paid to the plaintiff for the trailer. The court was tasked with determining whether the plaintiff was entitled to summary judgment under rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) and whether the defendant's cross-claim had any merits. The central legal issue revolved around the interpretation of the contract terms between the parties, specifically whether the contract was conditional upon the defendant obtaining finance for the purchase of the horse trailer. The court considered the evidence provided by both parties, including witness statements and the terms of the contract, to ascertain whether the contract was indeed conditional. The court determined that the contract was indeed conditional upon the defendant obtaining finance for the purchase of the horse trailer. The evidence demonstrated that the contract explicitly stated this condition, and the defendant had failed to provide evidence of obtaining the necessary finance. Consequently, the court found that the plaintiff was entitled to summary judgment as the defendant had not met the condition precedent for the contract to be binding. The court dismissed the defendant's cross-claim, as it was contingent upon the existence of a valid contract, which the court had found to be conditional and unsatisfied. The court ordered summary judgment in favour of the plaintiff against the defendant for the amount of $16,900, plus interest and costs.

Orders