Perpetual Trustee Company v McAndrew [2008] NSWSC 790

New South Wales Supreme Court

CITATION : Perpetual Trustee Company v McAndrew [2008] NSWSC 790

HEARING DATE(S) : 29 July 2008

JUDGMENT DATE : 4 August 2008

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

(1) The costs order made on 14 December 2007 is payable forthwith. DECISION : (2) I decline to refer this matter to mediation. (3) Each party is to pay its/his own costs of this motion. (4) The matter is to be listed for a status conference on 26 August 2008 at 9.00am before the Registrar.

CATCHWORDS : COSTS - Payable forthwith - Mediation

Civil Procedure Act 2005 LEGISLATION CITED : Contracts Review Act 1980 Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

Fiduciary Ltd v Morningstar Research Pty Ltd [2002]NSWSC 432 CASES CITED : Gattelleri v Meagher [1999] NSWSC 1279 North South Construction Services Pty Limited v Construction Pacific Management Pty Limited [2002] NSWSC 286

Perpetual Trustee Company Limited (First Plaintiff) PARTIES : Challenger Managed Investments Limited (Second Plaintiff) Shaun William McAndrew (Defendant)

FILE NUMBER(S) : SC 10059/2007

COUNSEL : M J Cohen (Plaintiff) P Walsh (Defendant)

SOLICITORS : Deacons (Plaintiffs)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION POSSESSION LIST

ASSOCIATE JUSTICE HARRISON

MONDAY, 4 AUGUST 2008

10059/2007 - PERPETUAL TRUSTEE COMPANY LIMTED v SHAUN WILLIAM McANDREW

JUDGMENT (Costs payable forthwith; mediation) 1 HER HONOUR: On 14 December 2007, I delivered judgment. I dismissed the plaintiffs' notice of motion filed 11 September 2007 and made an order that the plaintiffs were to pay the defendant's costs as agreed or assessed. 2 By notice of motion filed 10 June 2008, the defendant seeks firstly, an order that pursuant to Part 36.16(3) and (4) of the Uniform Civil Procedure Rules and s 98(4)(c) of the Civil Procedure Act 2005 the plaintiffs pay the defendant's costs in the sum of $8,691.87 within fourteen (14) days; secondly, in the alternative, an order that pursuant to Part 36.16(3) and (4) the plaintiffs pay the defendant's costs within fourteen (14) days of the costs being agreed or assessed; and thirdly, that pursuant to s 26 of the Civil Procedure Act the proceedings be referred to mediation. The plaintiff opposes the orders sought. 3 The first plaintiff is Perpetual Trustee Co Limited. The second plaintiff is Challenger Managed Investments Limited (the plaintiffs). The defendant is Shaun William McAndrew (Mr McAndrew). Mr McAndrew relied on the affidavit of Richard Ambrose Reading sworn 5 June 2008.