Swift v McLeary

In *Swift v McLeary*, the New South Wales Court of Appeal considered a dispute concerning a contract that purported to confer a benefit on a third party. The proceedings involved an application for leave to appeal, a notice of motion, and the substantive appeal and cross-appeal.

The central legal issues before the Court of Appeal were whether the promisor's obligation under the contract was contingent on payment by the promisee, and whether damages could be awarded in circumstances where specific performance had already been ordered.

The Court of Appeal dismissed the summons seeking leave to appeal, the notice of motion, the appeal, and the cross-appeal. The applicant/respondent was ordered to pay the respondent/appellant's costs of the summons for leave to appeal, and all parties were ordered to bear their own costs of the other proceedings.