Kimberley Developments Pty Ltd v Bale [2024] NSWCA 131

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kimberley Developments Pty Ltd v Bale [2024] NSWCA 131 Hearing dates: 8 March 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Before: Payne JA at [1]; White JA at [2]; Kirk JA at [17] Decision: (1) Amend order 2 made by Leeming JA on 18 August 2023 such that the figure of $317,458.62 is substituted for the identified figure of $301,560.99. (2) The appeal is otherwise dismissed. (3) The appellants' application to adduce further evidence, filed on 16 February 2024, is dismissed. (4) Appellants to pay 90% of the costs of the respondent in this Court. Catchwords: JUDGMENTS AND ORDERS – Proper construction of orders made by primary judge – Whether interest applied to amounts awarded under an order – Meaning of "the rate specified in the Suncorp mortgage" where two rates involved – Whether certain expenditures relating to rubbish removal and legal cost for dispute about land rating were properly referable to expenses reasonably incurred in the maintenance of property – Whether appellant entitled to allowance on GST paid with respect to maintenance expenses Legislation Cited: A New Tax System (Goods and Services Tax) Act 1999 (Cth), ss 23-5, 23-10 Civil Procedure Act 2005 (NSW), s 100 Supreme Court Act 1970 (NSW), s 75A(7) Cases Cited: Athens v Randwick City Council (2005) 64 NSWLR 58; [2005] NSWCA 317 Lim v Comcare (2019) 165 ALD 217; [2019] FCAFC 104 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Texts Cited: P Herzfeld and T Prince, Interpretation (Lawbook, 2nd edition, 2020) Category: Principal judgment Parties: Kimberley Developments Pty Ltd (First Appellant) Albert Darwiche (Second Appellant) Francoise Bale (Respondent) Representation: Counsel: J Knackstredt (Appellants) DP O'Connor (Respondent)