SCOFIELD & SHAW

In the matter of Scofield & Shaw, the applicant sought payment from the respondent for breach of contract related to a property in New South Wales. The court was tasked with determining the amount owed and the conditions for property transfer. The respondent was ordered to pay the applicant $186,595, with a daily penalty of $1.28 for each day the payment was delayed. Simultaneously, the applicant was to transfer all his interest in the property to the respondent. In the event the respondent could not pay the amount, the court mandated the sale of the property, with the proceeds divided between the parties based on the stipulated percentages. The applicant was to receive 41% of the net proceeds of sale, plus an additional sum of $10,295 and a daily penalty of $1.28 from the date of the order until the sale was completed. Each party was to retain their respective chattels and choses in action. The court also clarified that each party was entitled to the chattels in their possession and any choses in action in their name. The final orders were subject to an amendment under the slip rule, reversing the roles of the applicant and respondent in the payment order.