Larapinta Project Pty Ltd v Acumen Finance Pty Ltd [2020] NSWSC 1078

Supreme Court New South Wales

Medium Neutral Citation: Larapinta Project Pty Ltd v Acumen Finance Pty Ltd [2020] NSWSC 1078 Hearing dates: On the papers Date of orders: 17 August 2020 Decision date: 17 August 2020 Jurisdiction: Equity Before: Darke J Decision: Costs reserved. Catchwords: COSTS – application for removal of caveats lodged by defendant – caveats claim a charge pursuant to finance broking agreements – agreement reached for caveats to be removed in exchange for the provision of alternative security – no longer a need for plaintiffs to pursue relief claimed in the Summons – defendant commences fee recovery proceedings against plaintiffs in County Court of Victoria – decision of the County Court likely to be important on question of costs – question of costs to be deferred until after the conclusion of the County Court proceedings Legislation Cited: Real Property Act 1900 (NSW), s 74MA Cases Cited: Bayblu Holdings Pty Ltd v Capital Finance Australia Ltd (2011) 15 BPR 29,055 Hanson Construction Materials Pty Ltd v Roberts (2016) 93 NSWLR 1; [2016] NSWCA 240 Category: Costs Parties: Larapinta Projects Pty Ltd (First Plaintiff) 132 West Dapto Group Pty Ltd (Second Plaintiff) Acumen Finance Pty Ltd (Defendant) Representation: Counsel: S V Palmer (Plaintiffs) A Smorchevsky (Defendant)

Solicitors: Bransgroves Lawyers (Plaintiffs) Jackson & Associates (Defendant) File Number(s): 2020/162886 Publication restriction: None