Farrell v Gray [2010] NSWSC 784

New South Wales Supreme Court

CITATION : Farrell v Gray [2010] NSWSC 784

HEARING DATE(S) : 16 June 2020

JUDGMENT DATE : 16 July 2010

JUDGMENT OF : Smart AJ

In addition to orders made on 30 November 2009 and 16 June 2010: 1. Dismiss that part of Statement of Claim seeking relief under s 37A of the Conveyancing Act 1919 DECISION : 2. No order as to costs of either party of the s 37A part of the proceedings 3. Dismiss the application of 3 May 2010 of the plaintiff (seeking to amend Statement of Claim after delivery of substantive judgment) 4. Order the plaintiff to pay one-third of the costs of the defendants of the applicaiton of 3 May 2010, such costs to be set off against those payable by the defendants to the plaintiff 5. Order the first defendant to pay the costs of the contempt motion against him. Leave to first defendant to move to discharge costs order within 14 days and to argue the question of costs.

CATCHWORDS : Proposed amendments of Statement of Claim after delivery of judgment, problems as to relief sought being raised during hearing - too late to allow further amendments - principle of finality prevailing - registered mortgages entered into without notice of plaintiff's rights - operation of s 37A of Conveyancing Act 1919 - imposition of terms including costs orders not sufficient to compensate for prejudice to defendants

Civil Procedure Act 2005 LEGISLATION CITED : Conveyancing Act 1919 Crimes (Sentencing Procedure) Act 1999 Legal Practice Act 1996 (No 35) (Vic)

CATEGORY : Principal judgment

AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; 258 ALR 14 De L v Director General, NSW Department of Community Service (No 2) (1997) 190 CLR 207 CASES CITED : Equuscorp Pty Ltd v Wilmoth Field Warne [2007] VSCA 280 Kavia Holdings Pty Ltd v Bevillesta Pty Ltd (No 2) [2006] NSWSC 1160 Ketteman v Hansel Properties Ltd [1987] AC 189