NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: BMW Australia Finance Ltd v Mehajer Vision Pty Ltd [2021] NSWSC 1057 Hearing dates: 24 August 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. Hearing adjourned. 2. Costs thrown away order made against the first defendant. Catchwords: PROCEDURE – s 73 of the Civil Procedure Act 2005 (NSW) - whether matter settled – terms of deed and surrounding circumstances – no settlement PROCEDURE – adjournment application – failed settlement – Court's orders not complied with – witness required for cross examination in custody – both parties contributed to unsatisfactory position – costs thrown away order Legislation Cited: Civil Procedure Act 2005 (NSW) ss 73, 98 Personal Property Securities Act 2009 (NSW) s 182 Cases Cited: Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 Pavlovic v Universal Music Australia Pty Limited (2015) 90 NSWLR 605; [2015] NSWCA 313 Toll (FGCT) Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165; [2004] HCA 52 Category: Procedural rulings Parties: BMW Australia Finance (Pty Ltd) (Plaintiff) Mehajer Vision Pty Ltd (First Defendant) Registrar of Personal Property Securities (Second Defendant) Representation: Counsel: Mr M Gunning (Plaintiff) Mr P Horobin (Second Defendant)
Mr M Elnajjar (First Defendant)
Solicitors: Mills Oakley Lawyers (Plaintiff) Avondale Lawyers (First Defendant) Australian Government Solicitor NSW (Second Defendant) File Number(s): 2021/28898
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