Vella v Nergl Developments Pty Ltd & Ors (No. 5) [2022] NSWSC 476

Supreme Court New South Wales

Medium Neutral Citation: Vella v Nergl Developments Pty Ltd & Ors (No. 5) [2022] NSWSC 476 Hearing dates: 12 April 2022 Date of orders: 12 April 2022 Decision date: 19 April 2022 Jurisdiction: Equity Before: Slattery J Decision: Orders for the removal of caveats made, with limited continuing restraints upon the plaintiff. Orders made for the execution of conveyancing documents on behalf of the first and fourth defendants by the Registrar in Equity. Orders made for the plaintiff to be compensated for the costs of preparing certain conveyancing instruments. Costs orders are made in favour of the plaintiff and for a specified gross sum costs order instead of assessed costs. Catchwords: CONSEQUENTIAL ORDERS - application to enforce existing orders of the court – orders made pursuant to earlier judgments for the removal of caveats and the execution of conveyancing documents – caveats not removed – conveyancing documents not executed – what enforcement orders should be made in the circumstances. COSTS – specified gross sum order instead of assessed costs – Civil Procedure Act 2005 s 98(4)(c) – commercial dispute concerning the development of rural land into allotments – long-running and contentious proceedings resulted in five judgments of the trial judge and one appellate decision – proceedings resulted in two costs assessments, which are still ongoing – non-compliance with the Court's orders – now desirable that proceedings be ended and the opportunity for further contention reduced – whether a specified gross sum order should be made instead of assessed costs. Legislation Cited: Civil Procedure Act 2005, s 56, s 57, s 60, s 94, s 98(4)(c) Cases Cited: Australasian Performing Rights Assoc Ltd v Marlin [1999] FCA 1006 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Penson v Titan National Pty Ltd (No.3) [2015] NSWCA 121 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 Vella v Nergl Developments Pty Ltd & Ors (No. 4) [2021] NSWSC 1652 Category: Consequential orders Parties: Plaintiff: Vicki Vella First Defendant: Nergl Developments Pty Limited ACN 008 645 734 Second Defendant: Peter Vella Fourth Defendant: Kindelon Pty Ltd Representation: Counsel: Plaintiff: J. Sexton SC; D. Neggo