Aged Care Services v Macedonian Aged Care [2012] NSWSC 641

Supreme Court New South Wales

Medium Neutral Citation: Aged Care Services v Macedonian Aged Care [2012] NSWSC 641 Hearing dates: 07/06/2012 Decision date: 07 June 2012 Jurisdiction: Equity Division Before: McDougall J Decision: Judgment for cross-claimant against first cross-defendant. Orders for sale under the supervision of the court. Orders stayed to permit second cross-defendant to sell. Cross-claimant to have costs on indemnity basis. Catchwords: [EQUITY] - interests - priorities - equitable mortgage - terms on which sale should be ordered. [COSTS] - indemnity costs - relevant delinquency - whether conduct of plaintiff and defendant is sufficiently "relevantly delinquent" to justify costs on the indemnity basis. Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Oshlack v Richmond River Council (1998) 193 CLR 72 Overton Investments Pty Limited v Cuzeno (2003) NSWCA 27 Category: Procedural and other rulings Parties: Aged Care Services Limited (ACN 134 548 182) (Plaintiff/First Cross-Defendant) Macedonian Aged Care & Accommodation Limited (ACN 108 568 190) (First Defendant/Second Cross-Defendant) Robert Tiricovski (Second Defendant) Slavicia Tiricovski (Third Defendant) Kanning Services Pty Limited (ACN 001 887 118) (Fourth Defendant/Cross-Claimant) Representation: Counsel: P H Blackburn-Hart SC / D M Roberts (Fourth Defendant/Cross-Claimant) S Galitsky (Plaintiff/First Cross-Defendant) D Ziman (Solicitor) (First, Second and Third Defendants) Solicitors: Websters Solicitors (Plaintiff/First Cross-Defendant) Ziman & Ziman Solicitors (First, Second and Third Defendants) File Number(s): 2010/422352