Nullagine Investments Pty Limited v The Western Australian Club Incorporated

In the High Court of Australia, Nullagine Investments Pty Limited (the plaintiff) and The Western Australian Club (the defendant) were involved in a dispute concerning the sale of certain land in Perth. The High Court had previously delivered judgment on 26 August 1993, and on 14 October 1993, it considered further submissions regarding the terms of the orders to be made, specifically concerning an order under section 126(6) of the *Property Law Act 1969* (WA).

The court was required to determine the specific orders to be made in lieu of paragraph 2 of its previous order of 26 August 1993. This involved varying the orders of Mr Justice Rowland to provide for the sale of the land, specifying the liberty of either party to apply for further directions to effect the sale, and allowing each party to bid at the auction. The court also had to determine how the net proceeds of sale were to be handled and the costs of the action.

The High Court varied the orders of Mr Justice Rowland to provide for the sale of the land, which was identified by its Perth Town Lots and Certificate of Title details. It granted liberty to either party to apply to the Supreme Court of Western Australia for directions concerning the conduct of the sale, including appointing a party to conduct the sale, fixing the manner of sale, setting a reserve price, and managing the payment of proceeds. The court also permitted each party to bid at the auction. The net proceeds of sale, after encumbrances and sale costs, were to be paid into court to abide further order. The defendant was ordered to pay the plaintiff's costs of the action, with the value of the subject-matter fixed at $1 million for taxation purposes, and the plaintiff was granted a certificate for second counsel. Subject to these variations, the appeal to the Full Court of the Supreme Court of Western Australia was dismissed with costs, also with the subject-matter value fixed at $1 million for taxation and a certificate for second counsel.