Trad v Jones [2021] NSWDC 262

District Court New South Wales

Medium Neutral Citation: Trad v Jones [2021] NSWDC 262 Hearing dates: 18 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Applicants' Notice of Motion is dismissed; leave to enforce the judgment under s 135 of the Civil Procedure Act 2005 (NSW) (CPA) and Uniform Civil Procedure Rules 2005 (NSW) r 39.1 (1)(a) is refused. (2) Proceedings 2018/145388 and 2018/145476 are permanently stayed under s 135 of the Civil Procedure Act 2005 (NSW). (3) The applicants of the notice of motion are to pay the defendants' costs of the Notice of Motion. Catchwords: PRACTICE AND PROCEDURE – application to amend the name of the person entitled to costs in a costs assessment and for enforcement of the costs assessment against the defendants – whether the purported assignment of the entitlement by the plaintiff's trustee in bankruptcy to the plaintiff's solicitors was effective in circumstances where the total costs exceeded that sum – assignment ineffective as trustee had no property to assign – alternative finding that there should be a set-off and permanent stay Legislation Cited: Civil Procedure Act 2005 (NSW) s 135 Cases Cited: Akki Pty Ltd v Martin Hall Pty Ltd (1994) 35 NSWLR 470 Aristocrat Technologies Australia Pty Ltd v Allam [2017] FCA 812 Australian Receivables Ltd v Tekitu Pty Ltd (Subject to Deed of Company Arrangement) (Deed Administrators Appointed) (2012) 260 FLR 243 Ex parte Patience; Makinson v The Minister (1940) 40 SR (NSW) 96 Firth v Centrelink (2002) 55 NSWLR 451 Frumar v The Owners of Strata Plan 36957 [2010] NSWCA 172 Kison v Papasian (1994) 61 SASR 567; [1994] SASC 4476 Macura v Sarasevic (No 2) [2019] NSWSC 1621 Stojanovski v Stojanovski (No 3) [2020] NSWSC 1540 Trad v Harbour Radio Pty Ltd [2016] NSWCA 80 Ventura v Higgins [2018] NSWSC 909 Category: Principal judgment Parties: Plaintiff: No appearance Applicants on the Notice of Motion: Armando Gardiman, Thady Blundell and Terence Goldberg trading as Turner Freeman Lawyers