NSW Caselaw
New South Wales Supreme Court
CITATION : Kemp v French (No 2) [2010] NSWSC 1150
HEARING DATE(S) : 7 October 2010 JUDGMENT OF : Hallen AsJ
EX TEMPORE JUDGMENT DATE : 7 October 2010
1. Order that the interests of the Plaintiff and the Defendant, with respect to property, be adjusted in such manner that: (a) the Defendant pay to the Plaintiff the sum of $88,750.00; and DECISION : (b) each of the Plaintiff and the Defendant do otherwise hold and retain his, or her, separate property, free from interests and claims of the other of them. 2. Order that, if the sum to be paid under sub-paragraph (a) of Order 1 is not paid within 14 days after the making of these orders, that sum, or so much thereof as is, from time to time, unpaid, shall bear interest calculated from the expiration of the period of 14 days and otherwise as if s 101 of the Civil Procedure Act 2005 applies. 3. Order that the Plaintiff retain the amount of $30,000 paid to him pursuant to the order of the Court made on 21 June 2010 as part of his costs of the proceedings; otherwise, order that each party is to pay his, or her, own costs of the proceedings. 4. Order that the exhibits be returned.
CATCHWORDS : PROCEDURE - final orders - costs - Property (Relationships) Act proceedings - unrealistic offers of settlement made by parties - Plaintiff successful but to extent of about 30% of amount claimed - Partial costs order
Civil Procedure Act 2005 LEGISLATION CITED : Evidence Act 1995 (NSW) Property (Relationships) Act 1984 Uniform Civil Procedure Rules, 2005
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