Sampsell and Garard

In Sampsell and Garard, the parties presented a consent order to Judge Young for approval, which concerned the settlement of two letters of instruction. The dispute revolved around the precise wording of these letters, which were to guide expert reports from a valuation service and a real estate agency.

The court was required to determine the specific amendments to be made to the letters of instruction. These amendments addressed the valuation date for businesses, the assumptions to be made regarding a lease negotiation for D Pty Ltd, the details of an investment in a property, and the removal of a procedural sentence from the formal matters section of both letters. Additionally, the court needed to consider the prospect of rezoning for a specific property and its potential impact on value.

Judge Young, by consent of the parties, ordered the settlement of the letters of instruction as specified. The court's reasoning was based on the agreement between the parties, as evidenced by the consent order. The orders detailed the exact insertions and deletions to be made to Annexure ‘A’ (the letter to C Valuation Services) and Annexure ‘B’ (the letter to F Real Estate Agents Darwin).

The court ordered that the matter be adjourned to a specific date for a trial call over. Furthermore, liberty to apply was granted within fourteen days concerning the appointment of a mediator.