Rix v Mahony [2015] NSWSC 91

Supreme Court New South Wales

Medium Neutral Citation: Rix v Mahony [2015] NSWSC 91 Hearing dates: 13 February 2015 Decision date: 13 February 2015 Jurisdiction: Equity Division Before: McDougall J Decision: Dismiss application for review of Registrar's decision Catchwords: PROCEDURE – review of Registrar's assessment of remuneration to be paid to trustees - where trustees had been appointed by court to sell property under s 66G of the Conveyancing Act - where plaintiff required to persuade reviewing court that order to set aside or vary Registrar's decision is in the interest of justice - where no evidence given that trustees' costs were excessive - where evidence justified remuneration sought Legislation Cited: Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dae Boong International Co Pty Limited v Gray [2009] NSWCA 11 Rix v Mahony [2009] NSWSC 675 Rix v Mahony [2011] NSWSC 1308 Rix v Mahony [2012] NSWCA 241 Rix v Mahony (No 2) [2012] NSWCA 332 Rix v Mahony & Anor [2013] HCASL 47 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Category: Principal judgment Parties: Frederick George Rix (Plaintiff) Malcolm George Brown (First Defendant) Romano Di Donato (Second Defendant) Lisa Jane Mahony & Ors (Third Defendant) Representation: Solicitors: Frederick George Rix (Plaintiff) (In person) Ken Harkness (First and Second Defendants) Paul Wells (Third Defendant) File Number(s): 2008/280957