Fordyce v Slattery [2022] NSWSC 719

Supreme Court New South Wales

Medium Neutral Citation: Fordyce v Slattery [2022] NSWSC 719 Hearing dates: On the papers Date of orders: 1 June 2022 Decision date: 01 June 2022 Jurisdiction: Equity Before: Darke J Decision: See orders at [26]. Catchwords: CIVIL PROCEDURE – funds in Court – dispute as to whom funds should be paid – competing claimants mutually indebted – set-off – order for payment to both claimants to reflect set-off – one claimant not a party to proceedings – order made for joinder COSTS – proceedings concerning caveats – underlying dispute determined in other proceedings – no need for proceedings to continue once money paid into Court – proceedings to be dismissed – appropriate to order otherwise than the plaintiff pay the defendants' costs – costs order made in favour of plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), s 21 Conveyancing Act 1919 (NSW), s 12 Real Property Act 1900 (NSW), s 74K, s 74O Uniform Civil Procedure Rules 2005 (NSW), r 6.24, r 41.3, r 41.11, r 42.20 Cases Cited: Leung in her capacity as Executrix of the Estate of the late Robert Ho v Fordyce [2021] NSWDC 522 Slattery v Fordyce; Fordyce v Slattery [2019] NSWSC 173 Category: Procedural rulings Parties: Paul Fordyce formerly t/as PMF Legal (Plaintiff) Rhonda Slattery (First Defendant) Dee-Tech Pty Ltd (Second Defendant) Representation: Solicitors: Drayton Sher Lawyers (First and Second Defendants) File Number(s): 2016/231295 Publication restriction: None