Vannella Pty Limited v TFM Epping Land Pty Limited (No 2) [2020] NSWSC 1172

Supreme Court New South Wales

Medium Neutral Citation: Vannella Pty Limited v TFM Epping Land Pty Limited (No 2) [2020] NSWSC 1172 Hearing dates: On the papers Date of orders: 31 August 2020 Decision date: 31 August 2020 Jurisdiction: Equity - Technology and Construction List Before: Henry J Decision: See paragraph [32]. Catchwords: COSTS – where plaintiff served with lapsing notice and obtained an order extending operation of a caveat – where plaintiff failed to lodge extension order with the NSW Land Titles office – where plaintiff sought leave to lodge a further caveat – where proceedings dismissed by consent – whether parties have acted reasonably – no order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Corporations Act 2001 (Cth), s 440D Real Property Act 1900 (NSW), ss 74K, 74O Uniform Civil Procedure Rules 2005 (NSW), rr 42.7, 42.20(1) Cases Cited: McNamara v Bao San [2010] NSWSC 809 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Texts Cited: Nil Category: Costs Parties: Vannella Pty Limited atf Capitalist Family Trust (First Plaintiff) Decon Australia Pty Limited (Second Plaintiff) TFM Epping Land Pty Limited (First Defendant) Katoomba Residence Investment Pty Limited (Second Defendant) Dr Yi Hao (Eric) Zhang (Third Defendant) Representation: Solicitors: Piper Alderman (Plaintiffs) Dentons Australia (Defendants) File Number(s): 2019/165506 Publication restriction: Nil