Thomson v Sweeney & Ors [2013] NSWSC 1383

Supreme Court New South Wales

Medium Neutral Citation: Thomson v Sweeney & Ors [2013] NSWSC 1383 Hearing dates: Monday, 9 September 2013 Decision date: 09 September 2013 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [37] and [42] of judgment. Catchwords: PROCEDURE - costs - parties settled except as to costs - substantive proceedings concerned application for appointment of trustees for sale of land pursuant to s 66G of the Conveyancing Act 1919 - appropriate costs order when settlement effectively a surrender by one party - appropriate form of orders when one party has order under s 66I but has to account for costs of both parties that would be deducted from full purchase price Legislation Cited: Conveyancing Act 1919 Civil Procedure Act 2005 Cases Cited: McKay v McKay [2008] NSWSC 256 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Spathis v Nanos (No 2) [2008] NSWSC 470 Barel v Segal (No 3) [2012] NSWSC 1319 Botros v Frank [2013] NSWSC 712 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Tsaprazis v Goldcrest Properties Pty Ltd [2000] NSWSC 765 Segal v Barel [2013] NSWCA 92 Texts Cited: Young, Cahill & Newton, Annotated Conveyancing and Real Property Legislation 2010-2011 Category: Principal judgment Parties: George Thomson (Plaintiff) Phillip Patrick Sweeney (1st Defendant) Kim Maree Sweeney (2nd Defendant) Representation: Counsel: D M Flaherty (Plaintiff) J Merkel (Defendants) Solicitors: Boyd Lawyers (Plaintiff) Slater Gordon (Defendants) File Number(s): 2012/368568