Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 1275

Supreme Court New South Wales

Medium Neutral Citation: Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 1275 Hearing dates: 16 September 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Common Law Before: Campbell J Decision: In proceedings No. 2019/96140 (1) Summary judgment for the plaintiff for possession of the land comprised in Folio Identifier 5/SP568, being the land situated at and known as 5/79 O'Donnell Street, North Bondi in the State of New South Wales; (2) Pursuant to s 98(4)(c) Civil Procedure Act 2005 NSW, the defendant to pay the plaintiff's costs in the sum of $35,000 plus GST; (3) Liberty to apply in respect of the balance of relief claimed by application to the Possessions List Judge made within 14 days of the date hereof;

In proceedings No. 2019/162728 (1) Summary judgment for the plaintiff for possession of the land comprised in Folio Identifier 7/SP568, being the land situated at and known as 7/79 O'Donnell Street, North Bondi in the State of New South Wales; (2) Leave to the plaintiff to issue a writ of possession at the expiration of 28 days from the date hereof; (3) Pursuant to s 98(4)(c) Civil Procedure Act 2005 NSW, the defendant is to pay the plaintiff's costs in the sum of $44,000. (4) Liberty to apply in respect of the balance of relief claimed in the Statement of Claim by application to the Possession List Judge within 14 days of the date hereof. Catchwords: CIVIL PROCEDURE – summary disposal - application for summary judgment – judgment for plaintiff – no defence COSTS – application for gross sum costs order pursuant to s 98(4) Civil Procedure Act 2005 (NSW) – where cost order made Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(4)(c) Probate and Administration Act 1898 (NSW) s 44 Real Property Act 1900 (NSW) s 42(1) Uniform Civil Procedure Rules 2005 (NSW) r 13.1 Vexatious Proceedings Act 2008 (NSW) s 15 Cases Cited: Application of Bar-Mordecai [2020] NSWSC 796 Breskvar v Wall (1971) 126 CLR 376; ; [1971] HCA 70 Cassegrain v Gerard Cassegrain & Co. Pty Ltd (2015) 254 CLR 425; [2015] HCA 2 Jewish National Fund of Australia v Bar-Mordecai [2020] NSWSC 384 O'Brien v Bank of Western Australia Limited [2013] NSWCA 71 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Category: Principal judgment Parties: Jewish National Fund of Australia Ltd (Plaintiff) Michael Bar-Mordecai (Defendant) Representation: Counsel: A. Blank (Plaintiff) M. Bar-Mordecai (Defendant in person)