Jennings v Jennings

Case [2016] NSWCA 29


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Jennings v Jennings [2016] NSWCA 29
Hearing dates:1 March 2016
Date of orders: 01 March 2016
Decision date: 01 March 2016
Before: Ward JA at [1];
Leeming JA at [25];
Emmett AJA at [26]
Decision:

Summons for leave to appeal dismissed with costs.

Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60
Real Property Act 1900 (NSW)
Cases Cited: Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622
Jennings v Jennings [2015] NSWSC 1826
Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72
Category:Principal judgment
Parties: Paul Jennings (Applicant)
Eileen Jennings (Respondent)
Representation:

Counsel:
CH Cassimatis (Respondent)
H Weller (solicitor) (Applicant)

  Solicitors:
Herbert Weller (Applicant)
Mitry Lawyers (Respondent)
File Number(s):2015/00359116
Publication restriction:Nil
 Decision under appeal 
Court or tribunal:
Supreme Court of New South Wales
Jurisdiction:
Equity Division
Citation:
[2015] NSWSC 1826
Date of Decision:
01 December 2015
Before:
Pembroke J
File Number(s):
2013/00265679

Judgment

  1. WARD JA: By summons filed 14 December 2015, the first applicant, Paul Jennings, seeks leave to appeal from a decision of Pembroke J in the Equity Division ([2015] NSWSC 1826) in which his Honour, on an application by Paul’s mother, Eileen Jennings, ordered Mr Jennings to execute a deed of release and such other documents, including any transfer under the Real Property Act 1900 (NSW), as may be necessary to give effect to his obligations under the deed of release.

  2. The application for specific performance arose in the context of proceedings Mrs Jennings had brought against her son in 2013 relating to the family house at Greystanes. His Honour found that an agreement made in the course of a mediation between the respective parties was binding on Mr Jennings and proceeded to enforce that agreement.

  3. The grounds of appeal which Mr Jennings seeks to raise, if leave is granted, are as follows:

  1. His Honour erred by not finding that the objective intention of the parties was not to make a concluded bargain at all unless and until they execute of [sic] a formal contract.

  2. His Honour erred in finding that the parties were immediately bound by the oral agreement whilst expecting to make a further contract in substitution for the first contract containing by consent additional terms.

  3. His Honour erred in finding that the parties proposed to substitute the oral agreement with a written document containing by consent additional terms.

  4. His Honour erred in finding that a third person who was not a party to the oral agreement was entitled to benefits under the agreement.

  1. The reference in the proposed fourth ground of appeal to a third person being entitled to the benefits of the agreement though not a party to it is apparently a reference to Mr Jennings’ sister, Christine, who was not a party to the mediation agreement but who was, under the terms of that agreement, to obtain a benefit in that the property was to be…

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Jennings v Jennings [2016] NSWCA 29
Case
[2016] NSWCA 29
Decision Date

CaseChat Overview and Summary

The parties in *Jennings v Jennings* were the applicant, seeking leave to appeal, and the respondent. The dispute concerned an application for an extension of time to appeal a decision of the Supreme Court of New South Wales. The Court of Appeal of New South Wales, comprising Ward and Leeming JJA and Emmett AJA, considered the application.

The primary legal issue before the Court of Appeal was whether the applicant had established sufficient grounds to warrant an extension of time within which to file an appeal against the primary judge's decision. This involved assessing the merits of the proposed appeal and the reasons for the delay in seeking to bring it.

The Court of Appeal considered the principles governing applications for an extension of time to appeal, which require a demonstration of a reasonably arguable case on appeal and an explanation for the delay. After reviewing the material before it, the Court concluded that the applicant had not satisfied these requirements. Consequently, the Court of Appeal dismissed the summons for leave to appeal with costs.

Orders

Orders of the court

Summons for leave to appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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