Zarfati v McMillan (No 2)

The case of Zarfati v McMillan (No 2) was heard in the Supreme Court of New South Wales. The dispute involved the plaintiff, Zarfati, and the defendant, McMillan, and centred around the plaintiff's failure to comply with previously issued self-executing orders that had been made by consent. The court was asked to record the dismissal of the plaintiff's proceedings due to non-compliance with these orders.

The primary legal issue before the court was whether the plaintiff's non-compliance with the self-executing orders justified the dismissal of the proceedings. Additionally, the court needed to determine whether it was appropriate to grant the plaintiff liberty to apply to vary the substance of the orders that had been made. The court had to balance the plaintiff's right to seek relief against the need to enforce compliance with court orders.

The court found that the plaintiff's non-compliance with the self-executing orders was a significant factor that warranted the dismissal of the proceedings. The court reasoned that the orders were self-executing and had been made by consent, which meant they were binding and required compliance. The court emphasised that there was no point of principle that necessitated a departure from this well-established principle. Furthermore, the court held that it was not appropriate to grant the plaintiff liberty to apply to vary the substance of the orders, as doing so would undermine the integrity of the court's earlier decision. The court concluded that the dismissal of the proceedings was warranted and recorded its decision accordingly.