Kimberley Developments Pty Ltd v Bale (No 2)

The appeal concerned a dispute between Kimberley Developments Pty Ltd and Ms Bale regarding the reconveyance of land held on a constructive trust for Ms Bale. The primary issue revolved around the calculation of allowances for expenses claimed by Kimberley Developments. The Court of Appeal was also required to consider disputed fresh evidence and a request for an oral hearing by one of the parties.

The Court of Appeal determined that the previous orders made on 23 June 2022, which had directed a court-appointed referee to determine certain issues, should be set aside. Instead, the Court remitted the balance of the proceedings to the Equity Division for a further hearing before a single judge. This hearing was intended to address the issues raised in the submissions exchanged by the parties.

In its reasoning, the Court discharged the existing stay on the orders made on 23 June 2022, meaning Kimberley Developments was to transfer unencumbered title to the Forest Lodge Property to Ms Bale within 28 days. The Court also granted liberty to the parties to apply to the judge hearing the remitted proceedings on three clear working days' notice. The expectation was that the further hearing would take place within approximately 6 to 8 weeks.