White City Tennis Club Ltd v John Alexander's Clubs Pty Ltd (No 2)

White City Tennis Club Ltd (the appellant) sought to vary orders previously made by the court and to join Walker Corporation Pty Ltd (Walker) as a party. The dispute concerned the transfer of land, with the appellant seeking to ensure the timely transfer of the second respondent's interest in specific land. The application was heard in the Court of Appeal of New South Wales.

The court was required to determine whether to grant leave to Walker to file an amended notice of motion seeking joinder, and if so, whether to grant the joinder. Further, the court had to consider whether to vary existing orders regarding the timeframe for the transfer of land and whether to empower a Registrar to execute documents if the second respondent failed to comply with the transfer obligations. The court also considered the appellant's application to vary the original orders and the respondents' costs.

The court granted leave for Walker to file its amended notice of motion but ultimately dismissed Walker's application for joinder, ordering Walker to pay the appellant's costs of that motion. The court varied an earlier order by deleting a specific timeframe for the transfer of land and replacing it with a requirement for the transfer to occur "as expeditiously as possible." It also made provision for a Registrar to execute documents to transfer the land if the second respondent failed to comply with the varied order. Additionally, the court added a clause to an existing order to make it subject to any different order made by the Supreme Court of New South Wales in other proceedings involving the parties. The court ordered the respondents to pay the appellant's costs of the appellant's notice of motion and stayed a specific order until further order, granting liberty to apply for its discharge or variation.