Royal Guardian Mortgage Management Pty Limited v Nguyen [2012] NSWSC 874

Supreme Court New South Wales

Medium Neutral Citation: Royal Guardian Mortgage Management Pty Limited v Nguyen [2012] NSWSC 874 Hearing dates: 11 July 2012 Decision date: 03 August 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The 2011 proceedings are dismissed. 2. Ms Nguyen and Mr Stolyar are to bear Royal Guardian's costs of the 2011 proceedings, as agreed or assessed. 3. Ms Nguyen and Mr Stolyar are to bear Royal Guardian's costs of the motion in the 2010 proceedings seeking an extension of time to bring a cross-claim. 4. Ms Nguyen and Mr Stolyar are to bear Royal Guardian's costs of the motion brought in the 2010 proceedings for partial discharge from its implied undertaking, except in relation to the further hearing of that application on 2 July 2012 Catchwords: PROCEDURE - claim in 2011 proceedings no longer pursued - 2011 proceedings dismissed

COSTS - costs of four motions - orders made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Royal Guardian Mortgage Management Pty Limited v Nguyen [2012] NSWSC 605 Category: Procedural and other rulings Parties: Matter Number 105936 of 2010

Royal Guardian Mortgage Management Pty Limited (Plaintiff) Beth Ngoc Nguyen (First Defendant) Ian Stolyar (Second Defendant)

Matter Number 183430 of 2011

Beth Ngoc Nguyen (First Plaintiff) Ian Stolyar (Second Plaintiff) Royal Guardian Mortgage Management Pty Limited (First Defendant) Anthony Tomazin (Second Defendant) Representation: Counsel: Mr MW Young (Plaintiffs) Mr DE Baran (Defendant) Solicitors: Matter Number 105936 of 2010