Nullagine Investments Pty Limited v The Western Australian Club Incorporated

[1993] HCATrans 306

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Perth No Pl2 of 1992

B e t w e e n -

NULLAGINE INVESTMENTS PTY

LIMITED

Appellant

and

THE WESTERN AUSTRALIAN CLUB

INCORPORATED

Respondent

Formal Orders

MASON CJ
BRENNAN J
DEANE J

DAWSON J

TOOHEY J

Nullagine(2) 110 14/10/93

GAUDRON J

MCHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 OCTOBER 1993, AT 10.20 AM

(Continued from 26/8/93

Copyright in the High Court of Australia

BRENNAN J: Judgment in this matter was delivered on

26 August 1993, ~t which time the Court gave

liberty to the parties to file and serve written

submissions as to whether the orders of

Mr Justice Rowland should be varied to include an

order pursuant to section 126(6) of the Property

Law Act 1969 Western Australia, and as to the terms

of such an order submissions were received and the

Court now makes the following order.

Instead of the order in paragraph 2 of this

Court's order of 26 August 1993, order as follows:

Set aside the orders of the Full Court of the

Supreme Court of Western Australia and in lieu

thereof order that:

A. The orders of Mr Justice Rowland be varied to

read as follows:

1. The land referred to in the statement of

claim being all Perth Town Lots LS and L6

and being Lot 15 and part of Lot 14 on

Plan 44 and being the whole of the land comprised in Certificate of Title 425

Folio 185A ("the land") be sold.

2.       Either party have liberty on 48 hours

prior notice to apply to the Supreme

Court of Western Australia for further

directions as it thinks fit for the
purpose of effecting the sale, including

directions -

(a) appointing the party or person who is

to have the conduct for the sale;

(b) fixing the manner of sale;

(c) fixing a minimum or reserve price;

(d)	requiring payment of the purchase money into court or to trustees or other persons;
(e)	for settling the particulars and conditions of sale;

(f) for obtaining evidence of value;

(g) fixing the remuneration to be allowed

to any auctioneer, real estate agent

or other person;

(h) fixing an amount which a party which

buys the land may set off against the

Nullagine 111 14/10/93

purchase price (other than the

deposit) from its share of the

proceeds of the sale.

3.         Each party have liberty to bid at the

auction, or to offer to purchase at any
other form of sale.

4.         The net proceeds of sale after payment of

what shall be due to any encumbrancer or
encurnbrancers according to their

priorities and of all other proper cost

charges and expenses of. the sale, be paid

into court to the credit of this action
to abide further order.

5.         The defendant pay the plaintiff's costs

of the action to be taxed. For the
purposes of taxation the value of the
subject-matter be fixed at $1 million,

and the plaintiff have a certificate for

second counsel.

B. Subject to paragraph A. of this order, the

appeal to the Full Court of the Supreme Court

of Western Australia be dismissed with costs
and that, for the purpose of taxation of

costs, the value of the subject-matter be

fixed at $1 million and a certificate for

second counsel be issued.

AT 10.23 AM THE MATTER WAS ADJOURNED SINE DIE

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