Scott Darren Pascoe and Mark Robinson in their capacity as Trustees for the sale of the Land known as 124 Tennyson Road Gladesville v Michael James and Ors [2013] NSWSC 1602

Supreme Court New South Wales

Medium Neutral Citation: Scott Darren Pascoe and Mark Robinson in their capacity as Trustees for the sale of the Land known as 124 Tennyson Road Gladesville v Michael James and Ors [2013] NSWSC 1602 Hearing dates: 13 September 2013 Decision date: 06 November 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Order that the defendants jointly and severally pay pecuniary loss to the plaintiffs under Real Property Act 1900 s 74P in the sum of $45,609.93. Further order that defendants pay the plaintiffs' costs on the indemnity basis of the application for recovery of pecuniary loss. Catchwords: REAL PROPERTY - plaintiffs are trustees for sale of real estate in bankruptcy - defendants lodged multiple unmeritorious caveats to delay sale of the property - trustees seek pecuniary compensation under Real Property Act 1900 s 74P for the loss of interest and additional legal fees incurred due to the delay of the sale of the property caused by the caveats - whether defendants responsible for the whole or only part of the period of delay - whether the defendants all responsible for the loss claimed. Legislation Cited: Real Property Act 1900 s 74MA(2)(a), s 74P Cases Cited: Mahendran v Chase Enterprises Pty Ltd [2013] NSWCA 280 Natuna Pty Ltd v Cook [2007] NSWSC 121 Northstate Carpet Mills Pty Ltd v B R Industries Pty Ltd [2006] NSWSC 1057 Pascoe and Robinson (in their capacity as trustees for sale of land known as 124 Tennyson Road Gladesville) v James [2013] NSWSC 1067 Category: Principal judgment Parties: Plaintiffs: Scott Darren Pascoe and Mark Robinson in their capacity as Trustees for the sale of the Land known as 124 Tennyson Road Gladesville First Defendant: Michael James Second Defendant: Trenddair Pty Limited Third Defendant: Macquarie Land Group Pty Limited Fourth Defendant: Kon Pavlou Representation: Counsel: Plaintiffs: B Skinner Defendants: no appearance File Number(s): 2013/233691 Publication restriction: No