GRAMMER AND ORS v BAILEY AND ORS [2011] NSWSC 513

Supreme Court New South Wales

Medium Neutral Citation: GRAMMER AND ORS v BAILEY AND ORS [2011] NSWSC 513 Hearing dates: 21-23 September 2010 Decision date: 03 June 2011 Jurisdiction: Common Law Before: RS Hulme J Decision: (i) Order Michael McHugh and The Law Company Pty Ltd to pay 50% of the costs of Eastern Star Gas Limited of the proceedings in the Narrabri Mining Warden's Court, such costs to be paid on an indemnity basis; (ii) Order Steven Grammer to pay the costs of Eastern Star Gas Limited of the proceedings in the Narrabri Mining Warden's Court; (iii) Upon payment by Mr Grammer of 50% of the amount he is liable to pay pursuant to order (ii), stay further proceedings on that order until further order of this Court; (iv) Order Michael McHugh and The Law Company Pty Ltd to pay 50% of the costs of Ronald and Dean Von Harten of and incidental to their motion filed on 23 June 2009 in the Narrabri Mining Warden's Court, such costs to be paid on an indemnity basis; (v) Order Steven Grammer to pay the costs of Ronald and Dean Von Harten of and incidental to their motion filed on 23 June 2009 in the Narrabri Mining Warden's Court; (vi) Upon payment by Mr Grammer of 50% of the amount he is liable to pay pursuant to order (v), stay further proceedings on that order until further order of this Court; (vii) Order Michael McHugh and The Law Company Pty Ltd to pay, in addition to the amount ordered in (iv) above, 50% of the costs of Ronald and Dean Von Harten of and incidental to their motion filed on 23 June 2009 in the Narrabri Mining Warden's Court, such costs to be paid on a party and party basis; (viii) Stay order (vii) hereof until further order of this Court and, in the event Steven Grammer makes full payment pursuant to order (v) hereof, stay order (vii) permanently. (ix) Order that Michael McHugh and The Law Company Pty Ltd pay the costs of and incidental to the hearing before me (save and except for the costs of an incidental to the preparation of the Court Book) of Eastern Star Gas Ltd and of Dean Von Harten and Ron Von Harten. (x) Grant liberty to apply to all parties to apply, by Notice of Motion filed and served on all other parties on or before 24 June 2011 and returnable before me during the week commencing 11 July 2011, to vary or supplement the aforesaid orders. (xi) Stay all proceedings on these orders up to and including 24 June 2011 and in the event any Notice of Motion is filed and served on all parties pursuant to the liberty to apply herein granted, until further order. Category: Principal judgment Parties: Steven Charles Grammer Michael McHugh The Law Company Pty Ltd Mining Warden Bailey Namoi Valley Aquafarming Pty Ltd Eastern Star Gas Limited Ronald Von Harten Dean Von Harten Representation: T Bray (1 Plaintiff) AP Cheshire with A Kaufmann (2-3 Plaintiffs) RC Scruby (3-5 Defendants) Thomas Henry Bray Lawyer (1 Plaintiff) HWL Ebsworth Lawyers (2-3 Plaintiffs) IV Knight Crown Solicitor (1 Defendant) Piper Alderman (3-5 Defendants) File Number(s): 2010/39033