Ginelle Pty Limited v Sharon McWeeney & Ors [2013] NSWSC 1798

Supreme Court New South Wales

Medium Neutral Citation: Ginelle Pty Limited v Sharon McWeeney & Ors [2013] NSWSC 1798 Hearing dates: 2 December 2013 Decision date: 02 December 2013 Before: Slattery J Decision: 1.Order costs of the proceedings against the first defendant on the ordinary basis. 2. Order costs of the proceedings against the second and third defendants in the ordinary basis up to and including 26 September 2013. Catchwords: COSTS - plaintiff seeks costs order against three defendants - plaintiff as a mortgagee brought proceedings for possession against the defendants, tenants of the mortgaged property - parties entered into an agreement allowing the tenants to stay in the property until a specified date - defendants did not vacate as agreed - orders to vacate were made based on their agreement to vacate - orders not complied with - plaintiff brought motion for contempt and costs - defendants had by then vacated the property and contempt motion no longer pressed - second and third defendants not before the Court, not represented in the proceedings after the orders to vacate were made and not served with the contempt application - whether a cost order should be made - whether any order against the second and third defendants should include the costs of the contempt application - whether any costs order should be stayed pending the first defendant bringing proceedings against the plaintiff or against the landlord of the property.

PROCEDURE - representation of parties - first defendant appearing trough a next friend. Category: Consequential orders Parties: Plaintiff:- Ginelle Pty Limited First Defendant:- Michael Joseph Smullen Second Defendant:- Ellen Patricia Smullen Representation: Counsel: Plaintiff:- Mr M.W.Young SC Defendant:- in person Solicitors: Plaintiff:- James, Barton Carter, Nugent Wallman & Carter Defendant:- in person File Number(s): 2013/283660 Publication restriction: No