Magnate Projects Pty Limited v Youma Constructions Pty Limited [2006] NSWSC 388

New South Wales Supreme Court

CITATION : Magnate Projects Pty Limited v Youma Constructions Pty Limited [2006] NSWSC 388

HEARING DATE(S) : 7 April 2006

JUDGMENT DATE : 7 April 2006

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 04/07/2006

DECISION : (1) Subject to and conditional upon the payment by the defendant and/or its solicitor Mr Marsh to the plaintiff of $45,000 by 19 April 2006, as referred to below, on account of their liability and the plaintiff's entitlement to costs, I extend time for the filing of objections, pursuant to order 3 of 16 December 2005, to 19 April 2006. ; (2) I order that the defendant and Mr Marsh pay $45,000 to Magnate on account of the costs referred to in paragraph 2 of the order of 16 December 2005 by 19 April 2006. ; (3) I order that the defendant pay the plaintiff's costs of this motion.

CATCHWORDS : COURTS - Orders - Construction - extension of time for compliance - no question of principle

LEGISLATION CITED : Suitors' Fund Act 1951 (NSW)

FAI General Insurance Company Limited v Southern Cross Exploration NL (1988) 165 CLR 268 CASES CITED : Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Limited [2005] NSWCA 331 Paino v Hofbauer (1988) 13 NSWLR 193

Magnate Projects Pty Limited (CAN 088 303 879) (Plaintiff) Youma Constructions (No 2) Pty Limited (ACN 082 889 674) (Defendant) PARTIES : Youma Constructions (No 2) Pty Limited ACN 082 889 674) (Cross-Claimant) Magnate Projects Pty Limited (CAN 088 303 879) (Cross-Defendant)