Allen Taylor & Company Pty Ltd trading as Boral Timber & Ors v Norman Leslie Harrison [2010] NSWSC 1021

New South Wales Supreme Court

CITATION : Allen Taylor & Company Pty Ltd trading as Boral Timber & Ors v Norman Leslie Harrison [2010] NSWSC 1021 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 8 September 2010 JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 9 September 2010

1. The plaintiffs have leave to file in Court the Amended Summons dated 7 September 2010. 2. The operation of caveat number AE482747 be extended until further order. 3. The operation of caveat number AE482743 be extended until further order. 4. The plaintiffs' costs of and incidental to the hearing of 8 and 9 September 2010 be reserved to abide by the final result of these proceedings. 5. Liberty to restore on 2 day's written notice before Slattery. DECISION : 6. These Orders be entered forthwith. The Court notes: 1. The agreement of the parties to expedite the District Court proceedings as set out in the minute annexed to this Order. 2 That the parties: 2.1 will in good faith and use their best endeavours to agree the proper deductions and adjustments on completion of the sale of the property the subject of Orders 1 and 2; and 2.2 if such agreement can be reached, the plaintiffs will provide a withdrawal of the caveats in Orders 1 and 2 in return for a bank cheque made payable to the Supreme Court of New South Wales. 3. The Defendant's intention to apply to the Court for the release of $55000 to pay his costs to date of the District Court proceedings.