Turner v O’Bryan-Turner (No 3) [2021] NSWSC 338

Supreme Court New South Wales

Medium Neutral Citation: Turner v O'Bryan-Turner (No 3) [2021] NSWSC 338 Hearing dates: On the papers Date of orders: 8 April 2021 Decision date: 08 April 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the three Trundle properties identified in orders 3(c), (d) and (e) of the orders made by Sackar J on 7 April 2017 in the 2017 Proceeding and entered on 11 April 2017 (the 2017 Orders) (known as the Woolharinga, Nellyvale and Sunrise properties) be charged in the terms set out at [12] of these reasons. 2. Order that, to the extent not already discharged, orders 3-5(b) of the 2017 Orders be discharged. 3. Order that order 5(c) of the 2017 Orders be varied so as to insert, immediately after the words "Properties Produce" in the first line of order 5(c), the words: or the land identified in Order 3(c), (d) and (e) [i.e. Woolharinga, Nellyvale and Sunrise] 4. Make no further order as to costs of the respective Proceedings. 5. Note that this disposes of the 2017 and 2019 Proceedings and that the Court files will now be closed. Catchwords: CIVIL PROCEDURE – Terms of charge to reflect primary judgment – Variation of interlocutory regime Cases Cited: Turner v O'Bryan-Turner (No 2) [2021] NSWSC 101 Turner v O'Bryan-Turner [2021] NSWSC 5 Turner v O'Bryan-Turner (No 2) [2019] NSWSC 1774 Turner v O'Bryan-Turner [2018] NSWSC 1140 Turner v O'Bryan-Turner [2019] NSWSC 258 Category: Consequential orders Parties: Proceedings 2017/00080121 Owen John turner by his tutor Nicholas John Turner (First Plaintiff) Allawah Pastoral Pty Ltd (Second Plaintiff) Nicholas John Turner (Third Plaintiff) Angelena May O'Bryan in her capacity as the Executrix of the Estate of Wendy Joan O'Bryan-Turner (First Defendant) David John Turner (Second Defendant) Karl John Turner (Third Defendant) Registrar-General, Land and Property Information (Fourth Defendant)