Stone v Kramer (No 2) [2022] NSWSC 1716

Supreme Court New South Wales

Medium Neutral Citation: Stone v Kramer (No 2) [2022] NSWSC 1716 Hearing dates: 20 October 2022 Decision date: 16 December 2022 Jurisdiction: Equity Before: Robb J Decision: See [94] for proposed orders. The parties are directed to provide short minutes of order to the Associate to Robb J within 21 days. Catchwords: ESTOPPEL — estoppel by representation — relief — whether plaintiff entitled to orders that he be entitled to water licence and equipment collateral to management of farming property — whether to allow plaintiff to reopen his case to prove entitlement to water licence and equipment — whether plaintiff entitled to order that defendants pay costs ancillary to transfer of real property — whether defendants entitled to orders granting them licence to occupy cottage on farming property COSTS — party/party — exceptions to general rule that costs follow the event — offers of compromise/Calderbank offers — rejection of Calderbank offer not unreasonable — no basis for indemnity costs order in plaintiff's favour Legislation Cited: Water Act 1912 (NSW) Water Management Act 2000 (NSW), ss 71M, 71N Cases Cited: Alexakis v Masters [2022] NSWSC 1256 Autodesk v Dyason (No 2) (1993) 176 CLR 300 Calderbank v Calderbank [1975] 3 All ER 333 Cunningham v Guardian Royal Financial Services Pty Ltd [2017] NSWSC 1057 Divine Real Estate v Agha [2022] NSWSC 543 Elders Rural Finance Ltd v Westpac Banking Corporation (1989) 6 BPR 13,439 Martin v Martin [2010] NSWSC 700 Stone v Kramer [2021] NSWSC 1456 Stuart Henry Masters v NSW Trustee & Guardian as trustee for Genniece Merlene Gorey [2018] NSWSC 1670 Urban Transport Authority of NSW v Nweiser (1991) 28 NSWLR 471 Category: Consequential orders Parties: David Lindsay Stone (Plaintiff) Hilary Lorraine Kramer (First Defendant) Jaime Ferrer (Second Defendant) Representation: Counsel: L Ellison SC & Dr H Bennett (Plaintiff) C Harris SC & S Hartford-Davis (Defendants)