Turner v Oates Properties Pty Ltd [2004] NSWSC 732

New South Wales Supreme Court

CITATION : Turner v Oates Properties Pty Ltd [2004] NSWSC 732 HEARING DATE(S) : 06/08/04 JUDGMENT DATE : 17 August 2004 JURISDICTION: Equity Division JUDGMENT OF : Barrett J DECISION : Plaintiff to pay costs of both defendants

CATCHWORDS : PROCEDURE - costs - where no determination on the merits - claim that defaulting purchaser company subject to consent order for specific performance be punished for contempt - compliance before motion for contempt heard - immediate claim to remedy of last resort - no statement of charge as required by rules - no personal service - claim that director of defaulting company be punished for contempt - no order against director - contempt claim misconceived - claim for committal or sequestration against director - no personal service - both claims would have failed - conduct of plaintiff unreasonable so as to warrant adverse costs order LEGISLATION CITED : Supreme Court Rules Part 1 rule 12, Part 52A rule 11, Part 55 rules 8, 9, Part 42 rules 6, 8, Part 9 rule 3 ANS Nominees Pty Ltd v Beverly Manufacturing Co Pty Ltd [1979] 2 NSWLR 875 Antoniadis v TCN Channel 9 Pty Ltd (unreported, NSWSC, Levine J, 5 December 1997) CASES CITED : Construction, Forestry, Mining & Energy Union v BHP Steel (AIS) Pty Ltd [2001] FCA 1758 Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Pasedina (Holdings) Pty Ltd v Khouri (1977) 1 BPR 9460 Withal v Holloway (1995) 183 CLR 525 Elizabeth Ann Turner - Plaintiff PARTIES : Oates Properties Pty Limited - First Defendant Cameron Donald-Oates - Second Defendant