Vella v Nergl Developments Pty Ltd & Ors (No. 4) [2021] NSWSC 1652

Supreme Court New South Wales

Medium Neutral Citation: Vella v Nergl Developments Pty Ltd & Ors (No. 4) [2021] NSWSC 1652 Hearing dates: 15 December 2021 Date of orders: 15 December 2021 Decision date: 17 December 2021 Jurisdiction: Equity Before: Slattery J Decision: First defendant is ordered to pay 40% of the plaintiff's costs incurred since the first judgment in these proceedings. Catchwords: COSTS – where the plaintiff was substantially successful in the first proceedings – the parties have since been engaged in negotiations and argument about the final form of a Conveyancing Act 1919, s 88B instrument and a Deed of Release – mixed result in the negotiations – the plaintiff was partially successful on a procedural Motion since the first judgment – what orders are appropriate for the period since the first judgment. LAND LAW – Easements – Registration of Easements – Section 88B instrument – final form of section 88B instrument agreed upon by the parties with the assistance of directions from the Court on a relief hearing. Legislation Cited: Conveyancing Act 1919, s 88B Cases Cited: Avopiling Pty Ltd v Bosevski (2018) 98 NSWLR 171 Nergl Developments Pty Ltd v Vella [2021] NSWCA 131 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 Vella v Nergl Developments Pty Ltd & Ors [2020] NSWSC 1405 Vella v Nergl Developments Pty Ltd & Ors (No. 2) [2021] NSWSC 648 Vella v Nergl Developments Pty Ltd & Ors (No. 3) [2021] NSWSC 1352 Category: Costs Parties: Plaintiff: Vicki Vella First Defendant/Cross-Claimant: Nergl Developments Pty Limited ACN 008 645 734 Second Defendant: Peter Vella Fourth Defendant/Cross-Claimant: Kindelon Pty Ltd Representation: Counsel: Plaintiff: D. Neggo First and Fourth Defendant/Cross-Claimants: P. R. Gaffney