Warwick Green Building Pty Ltd v Woodward [2021] NSWSC 362

Supreme Court New South Wales

Medium Neutral Citation: Warwick Green Building Pty Ltd v Woodward [2021] NSWSC 362 Hearing dates: On the papers Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Equity Before: Darke J Decision: First and second defendants ordered to pay two-thirds of the plaintiff's costs of the proceedings. Catchwords: COSTS – proceedings commenced alleging that a mortgage was an alienation of property with intent to defraud creditors – no letter of demand issued prior to commencement – mortgage discharged soon after commencement – proceedings discontinued – appropriate order for costs is that defendants pay two-thirds of plaintiff's costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Conveyancing Act 1919 (NSW), s 37A Uniform Civil Procedure Rules 2005 (NSW) rr 12.1, 42.19 Cases Cited: Bates v Lloyd [2005] NSWSC 1253 OPENetworks Pty Ltd v Myport Pty Ltd [2019] FCA 1659 Windgap Foundation Ltd v Solomons [2018] NSWSC 809 Category: Costs Parties: Warwick Green Building Pty Ltd (Plaintiff) Leonie Nicole Woodward (First Defendant) John Leonard Crampton (Second Defendant) Registrar-General of NSW (Third Defendant) Representation: Counsel: Mr M McCall (Plaintiff) Mr D A Moujalli (First and Second Defendants)

Solicitors: MJO Legal (Plaintiff) Jason McClung Solicitor (First and Second Defendants) Fiona Harris, Office of the Registrar-General (Third Defendant) File Number(s): 2020/308452 Publication restriction: None