Kimberley Developments Pty Ltd v Bale (No 2) [2023] NSWCA 95

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kimberley Developments Pty Ltd v Bale (No 2) [2023] NSWCA 95 Hearing dates: On the papers Decision date: 16 May 2023 Before: Leeming JA; Kirk JA; Griffiths AJA Decision: 1. Discharge the existing stay of the orders made on 23 June 2022. 2. Note that the effect of order 1 above is that Kimberley Developments is to transfer unencumbered title to the Forest Lodge Property to Ms Bale within 28 days of today. 3. Set aside orders 9, 12 and 17 made on 23 June 2022 insofar as those orders were directed to a Court appointed referee, and in lieu thereof remit the balance of the proceeding to the Equity Division, with a view that there will be a further hearing of the issues raised on the submissions exchanged by the parties before a single judge who is a member of this Court, at a date to be fixed but in the expectation that it will be in some 6-8 weeks hence. 4. Grant liberty to the parties to apply to the judge before whom the balance of the proceeding is to be heard on three clear working days' notice. Catchwords: PROCEDURE – orders – reconveyance of land held on constructive trust for plaintiff/respondent – dispute as to calculation of allowances for expenses – disputed fresh evidence – one party requested oral hearing – stay of orders requiring reconveyance of land lifted and proceedings remitted to single judge Cases Cited: Bale v Kimberley Developments Pty Ltd [2022] NSWSC 820 Kimberley Developments Pty Ltd v Bale [2023] NSWCA 25 Category: Consequential orders Parties: Kimberley Developments Pty Ltd (First Appellant) Theofanis Trigas (Second Appellant) Super Start Batteries Pty Ltd (Third Appellant) Albert Darwiche (Fourth Appellant) Francoise Bale (Respondent) Representation: Counsel: R Perla (Appellants) D P O'Connor (Respondent)