KYABRAM PROPERTY INVESTMENTS PTY. LIMITED & ANOR. v. MURRAY & ANOR. MURRAY & ANOR. v. KYABRAM PROPERTY INVESTMENTS PTY. LIMITED & ANOR. [2005] NSWCA 87

New South Wales Court of Appeal

CITATION: KYABRAM PROPERTY INVESTMENTS PTY. LIMITED & ANOR. v. MURRAY & ANOR. MURRAY & ANOR. v. KYABRAM PROPERTY INVESTMENTS PTY. LIMITED & ANOR. [2005] NSWCA 87

HEARING DATE(S): On papers

JUDGMENT DATE: 24 March 2005

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 25; Ipp JA at 26

DECISION: Appeal 40495/04; 1. The first respondent, Wendy Jill Murray, is to pay the costs of the appellant, Kyabram Investments Pty. Limited, of the proceedings at first instance on the Statement of Claim up until 7 August 2002.; 2. The respondents, Wendy Jill Murray and Robert Ormiston Murray, are to pay the costs of the appellant, Kyabram Investments Pty. Limited, of the proceedings at first instance on the Statement of Claim from 8 August 2002.; 3. The first respondent, Wendy Jill Murray, is to pay the costs of the appellant, Kyabram Property Investments Pty. Limited, of the proceedings at first instance on the Cross-Claim until 28 September 2002.; 4. The first and second respondents, Wendy Jill Murray and Robert Ormiston Murray, are to pay the costs of the appellant, Kyabram Property Investments Pty. Limited, on the Cross Claim from 29 September 2002.; 5. The respondents, Wendy Jill Murray and Robert Ormiston Murray, are to pay the costs of the appeal of the appellant, Kyabram Property Investments Pty. Limited, in appeal No. 40495/04.; 6. All costs are to be assessed and paid on a party/party basis.; Appeal No. 40504/04; 1. Set aside Order 13 made in proceedings No. 12184/01 on 31 May 2004. ; 2. The appellants, Wendy Jill Murray and Robert Ormiston Murray, are to pay the costs of the proceedings of the second respondent at first instance, Banksia Securities Pty. Limited, on a party/party basis.; 3. The appellants, Wendy Jill Murray and Robert Ormiston Murray, are to pay the costs of the appeal of the respondents, Kyabram Property Investments Pty. Limited and Banksia Securities Pty. Limited, on a party/party basis.