New Price Retail Services Pty Limited and Anor v David Hanna [2014] NSWSC 1546

Supreme Court New South Wales

Medium Neutral Citation: New Price Retail Services Pty Limited and Anor v David Hanna [2014] NSWSC 1546 Hearing dates: 31 October 2014 Decision date: 05 November 2014 Jurisdiction: Equity Division Before: Sackar J Decision: See paragraph [67] Catchwords: EQUITY - application by defendant to re-open case after judgment pronounced but before final orders entered - material relied on in support of application available but not tendered at any point - whether appropriate to order money be paid into Court or enter judgment

COSTS - where plaintiffs successful on motion to adopt report of referee - where order for joint and several liability made at time of reference without affecting power of Court as to costs - where significant period of time taken up by referee coming to a proper understanding of plaintiff's records - whether basis for ordering otherwise than costs following the event - whether the cross-claim of the defendant should be stayed pending quantification and payment of amount owed to referee Legislation Cited: Civil Procedure Act 2005 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: ACD Tridon Inc v Tridon Australia Pty Ltd [2003] NSWSC 357 Chocolate Factory Apartments v Westpoint Finance and Others [2005] NSWSC 784 Hastings Point Progress Association v Tweed Council [2010] NSWCA 39 James v Surf Nominees Pty Ltd (No 2) [2005] NSWCA 296 Madden v Madden [2014] NSWSC 1098 McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 306 New Price Retail Services Pty Limited and Anor v David Hanna [2014] NSWSC 553 New Price Retail Services Pty Limited and Anor v David Hanna [2014] NSWSC 1051 Roads and Traffic Authority of New South Wales v Welling and Comerford [2000] NSWCA 360 State of New South Wales v Plaintiff A [2012] NSWCA 248 Texts Cited: n/a Category: Principal judgment Parties: New Price Retail Services Pty Limited - first plaintiff Priceline Pty Limited - second plaintiff David Hanna - defendant Brian Raymond Silvia - referee Representation: Counsel: Plaintiffs - M Condon SC Defendant - self represented Referee - J Baird Solicitors: Holman Webb - plaintiffs Self represented - defendant Somerset Ryckmans - referee File Number(s): 2010/356948