Worldwide Timber Traders Pty Ltd (ABN 93 009 384) v Brouwer (No 2)

The case involved Worldwide Timber Traders Pty Ltd (ABN 93 009 384) as the applicant and Brouwer as the respondent. The dispute was related to the execution of a settlement deed and the additional relief sought by the applicant. The matter was heard in a court where the judge expressed dissatisfaction with the delay and costs involved in finalising the small-value dispute. The judge had previously adjourned the matter to allow the parties to reach an agreement on the terms of the deed, but the parties could not agree, leading to the applicant changing solicitors and seeking additional relief.

The primary legal issue before the court was whether to grant the applicant's request for additional relief despite the requirement for a settlement deed. The court considered whether it could disregard the requirement for a deed and whether the reference to the respondent consenting to judgment was the only obstacle to executing the deed. The judge concluded that the requirement for a deed was part of the agreement reached by the parties and that the removal of the consenting to judgment clause was a straightforward amendment. The judge also highlighted the regrettable delay and costs associated with finalising the dispute and suggested that presenting a deed without the contested clause would strengthen the applicant's position if the respondent refused to execute it.

In light of the analysis, the court dismissed the application for additional relief. The judge emphasised that the obvious way forward was to present a deed without the contested clause and that if the respondent refused to execute it, the matter could be reviewed. The court also noted that it would not make any orders for costs unless persuaded otherwise by submissions, which should not exceed two pages in length and must be filed and served within 10 days. The court's final orders were to dismiss the application and to limit any submissions regarding costs to the specified length and timeframe.