Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 3) [2010] NSWSC 546

New South Wales Supreme Court

CITATION : Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 3) [2010] NSWSC 546

HEARING DATE(S) : 21 May 2010 JURISDICTION : Equity

JUDGMENT OF : Biscoe AJ

EX TEMPORE JUDGMENT DATE : 21 May 2010

DECISION : Orders of 16 April 2010 varied.

CATCHWORDS : JUDGMENTS AND ORDERS - variation

CASES CITED : Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 2) [2010] NSWSC 285

Hillcrest (Ilford) Pty Ltd (plaintiff) PARTIES : Kingsford (Ilford) Pty Ltd (first defendant) Donald Trevor Harding (second defendant)

FILE NUMBER(S) : SC 2010/00050000

COUNSEL : D Sulan (plaintiff)

SOLICITORS : Aleco Vrisakis (plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BISCOE AJ

21 May 2010

2010/00050000 HILLCREST (ILFORD) PTY LTD v KINGSFORD (ILFORD) PTY LTD EX TEMPORE JUDGMENT 1 HIS HONOUR: On 16 April 2010 I made orders and delivered reasons for judgment: Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 2) [2010] NSWSC 285. Order 3 was: "Declaration that the defendants withdraw caveat number AF76146Q from the title of the property known as "Hillcrest", xxxx xxxxxxxxxxx xxxxxxx, Ilford, New South Wales." 2 The plaintiff now moves for a variation of Order 3 by adding at the end the following words: "within seven days from 21 May 2010, failing which the Registrar-General is to remove the caveat from the title known as, "Hillcrest", xxxx xxxxxxxxxxx xxxxxxx, Ilford, New South Wales." 3 The evidence discloses that the defendants have not complied with order 3 made on 16 April 2010 and that the plaintiff's representations to the defendants that they do so have been to no avail. In the circumstances I accept that the order should be varied in the way sought by the plaintiff. Accordingly, I make orders in accordance with the document entitled "Order" dated 21 May 2010 which I initial and place with the papers.