Craig Stephen Bantoft v Douglas John Foggo [2024] NSWSC 460

Supreme Court New South Wales

Medium Neutral Citation: Craig Stephen Bantoft v Douglas John Foggo [2024] NSWSC 460 Hearing dates: 17 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) The notice of motion is adjourned until Wednesday 8 May 2024 for hearing with an estimate of half a day.

(2) The plaintiff is to file and serve any evidence upon which it seeks to rely on or before Wednesday 1 May 2024. (3) The defendant and Gallop Reserve Pty Ltd are to file and serve any evidence upon which they seek to rely on or before 5 May 2024. The defendant's evidence should include, if possible, the documents referred to in prayer 6(a), (b), (c) and (d) of the notice of motion, that is: (a) A copy of any mortgage agreement in respect of Title No. 13082123, Lot 1 Registered Plan 82537, being the property located at 37 Muir St, Labrador QLD 4215 (Labrador Property); (b) A copy of any document recording or evidencing any indebtedness of the defendant to Gallop Reserve Pty Ltd; (c) A copy of the Contract for Sale between the defendant and Robert Paul Foggo and Jacinta Louise Foggo as joint tenants, on the one hand, and Robert Paul Foggo and Jacinta Louise Foggo in respect of Title No. 2/348945 Lot 2 in Deposited Plan 348945 being the property located at 54 Phillip St, Chinderah NSW 2487 (Chinderah Property) or any document recording or evidencing such a contract; (d) A copy of any valuations of the Labrador Property or the Chinderah Property obtained in the period from 9 May 2023 to date.