Ross v Ross (No 2) [2011] NSWCA 22

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ross v Ross (No 2) [2011] NSWCA 22 Hearing dates: On the papers Decision date: 23 February 2011 Before: Campbell JA [1]; Macfarlan JA [1]; Sackville AJA [1] Decision: (1) Appeal allowed; (2) Set aside the orders made by Ward J on 31 August 2009; (3) Order the respondent to pay the appellant's costs of the appeal; (4) The respondent to have a certificate under the Suitors' Fund Act 1951, if qualified; (5) Remit the proceedings to Ward J, or such other judge or associate judge of the Equity Division as may be nominated by the Chief Judge of the Division, for: (a) the determination of such claims, if any, as may be made by either of the parties for an occupation fee, for an allowance in respect of improvements to the subject property, for contributions in respect of mortgage payments or for such other amounts as may be proper to take into account in formulating an order under s 66G Conveyancing Act 1919 in respect of the subject property or in giving directions for the disbursement of the proceeds of sale pursuant to such an order; (b) the making of an order under s 66G Conveyancing Act in respect of the subject property consistent with this Court's reasons for judgment of 12 November 2010; (c) the making of an order concerning the costs of the proceedings at first instance; and (d) the making of such consequential or incidental orders as the judge considers appropriate. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURAL AND OTHER RULINGS - consequential orders - no issue of principle Legislation Cited: Conveyancing Act 1919 Category: Consequential orders Parties: Susan Elizabeth Ross (Appellant) Peter John Ross (Respondent) Representation: Counsel: C M Simpson SC/M Fraser (Appellant) P Smart (Respondent) Solicitors: Rosen Lawyers (Appellant) Richard Hughes & Co (Respondent) File Number(s): 2009/298309 Decision under appeal Jurisdiction: 9111 Date of Decision: 2009-05-29 00:00:00 Before: Ward J File Number(s): SC 1441/1990