Bremner v French (No 3) [2023] NSWSC 1488

Supreme Court New South Wales

Medium Neutral Citation: Bremner v French (No 3) [2023] NSWSC 1488 Hearing dates: 29 September, 20 October Date of orders: 29 September; 24 October; 1 December 2023 Decision date: 01 December 2023 Jurisdiction: Equity - Commercial List Before: Parker J Decision: See [197]-[199] Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – where orders made in 2019 for appointment of trustee to sell co-owned property under Property Law Act 1958 (Vic) – ability to vary orders concerning sale – application of Woods v Sherriff of Queensland – variations made COSTS – solicitor/client – ability for sale trustee to recover costs – where delay in seeking extension of date for sale – where application had to be brought – sale trustee costs limited to those would have incurred in bringing application at relevant time Legislation Cited: Conveyancing Act 1919, Pt 4, Div 6 Property Law Act 1958 (Vic), Pt 4, ss 228(1), 231(1), 232, 233 Partition Act 1868 (Imp) (31 & 32 Vic c 40) Uniform Civil Procedure Rules 2005, rr 36.15(2), 36.16(3B) Cases Cited: Application of Richard Albarran; Harb v Harb (2010) 17 BPR 33,295 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Callow v Rupchev (2009) 14 BPR 98410 Forgeard v Shanahan (1994) 35 NSWLR 206 French v Bremner [2019] NSWSC 1033 French v Bremner [2020] NSWCA 339 French v Bremner [2020] NSWCA 77 French v Bremner (No 2) [2019] NSWSC 1504 French v Bremner (No 2) [2020] NSWCA 211 Groch v Knights (2018) 19 BPR 38,869 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Pannizutti v Trask (1987) 10 NSWLR 531 Re Beddoe [1893] 1 Ch 547 Ryan v Dries (2002) 10 BPR 19,497 Woods v Sheriff of Queensland (1895) 6 QLJ 163 Texts Cited: K Mason, JW Carter and GJ Tolhurst, Mason & Carter's Restitution Law in Australia (4th ed, 2021, LexisNexis), [840] Category: Consequential orders Parties: Notice of Motion filed 10 August 2023 Christopher Piers Julian Bremner (Applicant) Andrew Boyd French (First Respondent) Jason Stone (Second Respondent) The Trustee of the Property of Andrew Boyd French, a debtor (Third Respondent) Representation: Counsel: D Parish (Applicant) Andrew Boyd French (Self-represented) J Simpkins (Second Respondent) A Spencer (Third Respondent)