Background:
Besa River Outfitters Ltd. filed a petition against Endre Pipics, Eva Pipics, and Cid Laurent Cacioli, seeking declaratory and injunctive relief for an alleged breach of a 2020 share purchase agreement. The dispute centered on a Park Use Permit that Endre Pipics had not transferred to Besa River as required by the contract. Pipics argued that transferring the permit would interfere with his separate business, Redfern Lake Adventures Ltd.

Legal Issues:

1. Contract Interpretation & Enforcement – Whether the share purchase agreement required Pipics to transfer the permit without modification.

2. Procedural Fairness – Whether a previous court order (the “Milman Order”) should be set aside due to a clerical mistake, as Pipics was mistakenly recorded as not opposing the petition.

3. Reconsideration Application – Whether Pipics met the legal test to reopen the case, including proving no willful delay and presenting a meritorious defense.

Court’s Decision:
The court set aside the Milman Order, ruling that Pipics was denied a fair chance to oppose the petition. The court allowed the case to proceed on its merits and dismissed Besa River’s contempt application.

Costs & Award:
The court ordered Besa River to pay costs to Pipics, assessed under Scale B, but only if he ultimately succeeded at trial. No costs were awarded to or against Eva Pipics or Cid Laurent Cacioli.