An Application by the Council of the City of Sydney (No. 4) [2022] NSWSC 143

Supreme Court New South Wales

Medium Neutral Citation: An Application by the Council of the City of Sydney (No. 4) [2022] NSWSC 143 Hearing dates: 9 and 11 November 2021 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Equity Before: Slattery J Decision: Order that the respondents to the plaintiff's motion of 18 May 2021 pay the plaintiff's costs of and ancillary to the motion on the indemnity basis. Fix the plaintiff's costs of the motion on the indemnity basis in the sum of $51,171.66. Order that the funds of $51,171.66 paid into Court, together with any interest accrued thereon up to a total sum of $51,323.21 be paid out of Court after 25 March 2022 to the plaintiff to satisfy the orders for costs in the plaintiff's favour against the respondents to the motion. Catchwords: CIVIL PROCEDURE – Uniform Civil Procedure Rules ("UCPR"), r 55.9(6) - money paid into Court after the sale of a car parking space under powers conferred on the local council ("the Council") under Local Government Act 1993, s 713 – owner of the car space is a company that was deregistered before the Council's sale of the car parking space – the Council seeks by motion the deduction of its costs of these proceedings from the funds in Court – persons interested in the deregistered company apply by motion for the payment of the funds in Court out to them – persons interested in the deregistered company foreshadow cross-claims against the Council – what orders should be made on the Council's motion for the payment of its costs from the funds in Court – what orders should be made on the motion brought by the persons interested in the deregistered company. Legislation Cited: Corporations Act 2001, s 601 AH (2) Legal Profession Uniform Law 2014 Local Government Act 1993, s 725, Chapter 17 Trustee Act 1925, Pt 4 Uniform Civil Procedure Rules 2005, Pt 43, Pt 55, Div. 3 Cases Cited: An Application by the Council of the City of Sydney [2021] NSWSC 979 An Application by the Council of the City of Sydney (No. 2) [2021] NSWSC 1330 An Application by the Council of the City of Sydney (No. 3) [2021] NSWSC 1423 Australian Consumer Target Information Co Pty Ltd v Cabool Holdings Pty Ltd [2003] NSWSC 753 Kennett v Charlton [2007] NSWSC 190 McPherson Thom & Co v Coombie Pastoral Co Pty Ltd (1929) 35 ALR 240 Raibkoff v Abernathy Properties Pty Ltd [2012] NSWSC 724 Re Thakeham Sequestration Moneys (1871) LR 12 Eq 494 Vertical Australia Pty Ltd v Air Company Vertical – T LLC [2012] NSWSC 719 Texts Cited: Edmund R Daniell, Daniell's Practice of the High Court of Chancery (5th ed, 1871) vol 2, chap XL, 1619-45 Category: Procedural rulings Parties: Plaintiff: The Council of the City of Sydney Applicants: Celia McAndrew & Christian Roger de Robillard Representation: Counsel: Plaintiff: Ms L. Hulmes