Tanlane Pty Ltd v Moorebank Recyclers Pty Ltd (No 3) [2012] NSWSC 90

Supreme Court New South Wales

Medium Neutral Citation: Tanlane Pty Ltd v Moorebank Recyclers Pty Ltd (No 3) [2012] NSWSC 90 Hearing dates: 7 February 2012 Decision date: 21 February 2012 Jurisdiction: Equity Division Before: Young JA Decision: I make the following orders in the orange short minutes which I have initialled: 1, 2, 3, 4, 5, 6, 7 and 8 with the following modifications: 1. Substitute the following for order 6(a): There shall be no costs of and incidental to the traffic report in reply of Tim Rogers and no costs of and incidental to the traffic report of Craig McLaren dated 16 June 2011. 2. In order 7, add after "apply", "to any judge or associate judge sitting in the Equity Division". 3. In order 8, omit from (c) the words "of $201,500" and substitute "ordered to be paid pursuant to the order of the judge or associate judge". Annexure A to the orange version should remain. Legislation Cited: Civil Procedure Act 2005, s 21 Conveyancing Act 1919, ss 88K, 89 Cases Cited: Australian Beverage Distributors v Evans & Tate Premium Wines Pty Ltd [2006] NSWSC 560; 200 FLR 332 Autodesk Inc v Dayson (No 2) [1993] HCA 6; 176 CLR 300 Dowdle v Hillier (1949) 66 WN (NSW) 155 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 2) [1998] NSWSC 578; 29 ACSR 290 Haviland v McLeary (1894) 15 LR (NSW) Eq 22 Lockley v National Blood Transfusion Service [1992] 1 WLR 492 Preston v Nikolaidis (Young J, 25 July 1996, unreported) Wentworth v Wentworth (Young J, 12 December 1994, unreported) Category: Consequential orders Parties: Tanlane Pty Ltd (Plaintiff) Moorebank Recyclers Pty Limited (Defendant) Representation: Counsel: T S Hale SC and Z Steggall (Plaintiff) D P Wilson (Defendant) Solicitors: Minter Ellison (Plaintiff) Mark McDonald & Associates Lawyers Pty Ltd (Defendant) File Number(s): SC 2008/277351