Avery v Saree Holdings Ltd; Lava Ltd v Avery (No. 2) [2012] NSWSC 938

Supreme Court New South Wales

Medium Neutral Citation: Avery v Saree Holdings Ltd; Lava Ltd v Avery (No. 2) [2012] NSWSC 938 Hearing dates: 9 & 25 May 2012, 1 June 2012 Decision date: 10 August 2012 Jurisdiction: Equity Division Before: Slattery J Decision: In the Lava proceedings - order the defendant to pay the plaintiff interest on its costs of the proceedings - and order that there be paid to the plaintiff out of the assets secured by the Lava mortgage on an indemnity basis the plaintiff's costs of the proceedings. In the Saree proceedings - the 13 July 2010 authority and directions are not effective to require Saree to put an end to the Saree proceedings - findings made as to amount of principal and interest due on the Saree mortgage, subject to remaining issues to be determined. Catchwords: REAL PROPERTY - mortgages - making of final orders in the Lava proceedings - taking of accounts in the Saree proceedings - calculation of monies owing, if any, by way of principal and interest on Saree mortgage. Legislation Cited: Legal Profession Act 2004, s 350 Cases Cited: Avery v Saree Holdings Ltd; Lava Ltd v Avery [2012] NSWSC 463 Debney v Semerdziev (1982) 2 NSWLR 391 Category: Consequential orders Parties: Plaintiff- Leanne Maree Avery Defendant- Saree Holdings Limited

Plaintiff/Cross Defendant- Lava Ltd Defendant/Cross Claimant- Leanne Maree Avery Representation: Plaintiff (Ms Avery)- B. Walker SC (21/4/11, 11/5/11), M. Dempsey SC (26/7/10, 27/7/10, 29/7/10), R. Alkadamani (15/2/10, 16/2/10, 17/2/10, 18/2/10), D. Jenkins (26/7/10, 27/7/10, 28/7/10, 29/7/10, 2/8/10, 3/8/10, 4/8/10, 5/8/10, 6/8/10, 21/4/11, 11/5/11)Defendant (Lava Ltd & Saree Holdings Ltd)- G. Parker SC (21/4/11, 11/5/11), M. Condon (15/2/10, 16/2/10, 17/2/10, 18/2/10, 26/7/10, 27/7/10, 28/7/10, 29/7/10, 2/8/10, 3/8/10, 4/8/10, 5/8/10, 6/8/10, 21/4/11, 11/5/11) Solicitors: Plaintiff (Ms Avery)- Rob Tassell, Verekers Lawyers (from 19/11/10), Nicholas Karefylakis, Nicholas Karefylakis (from 24/9/2010 to 19/11/10), Peter Stewart Moore, Moore & Associates (from 21/4/10 to 24/9/10), Rodney Commins, Patterson Houen Commins (from 14/8/08 to 21/4/10), Simon Morris, Piper Alderman (from 12/9/07 to 14/8/08)