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Last Thursday, the New South Wales Court of Appeal handed down its decision in Wardle v Agricultural and Rural Finance Pty Ltd (Wardle) which provides useful guidance about the scope and application of undertakings given to a court at first instance by concurrent parties seeking to be bound by findings in test cases
In the recent decision of Agricultural and Rural Finance Pty Limited v Gardiner (2008) 251 ALR 322, the High Court has unanimously determined that the term "punctually" means, not surprisingly, "precisely on time", "on the assigned day" and "not late"
