Maloof v Uncle's Joint Pty Limited [2015] NSWSC 389

Supreme Court New South Wales

Medium Neutral Citation: Maloof v Uncle's Joint Pty Limited [2015] NSWSC 389 Hearing dates: 24 March 2015 Date of orders: 31 March 2015 Decision date: 31 March 2015 Jurisdiction: Equity Division Before: Young AJA Decision: 1. By consent I vary the order made in 360672 on 5 December 2013 in Tiba and Sarah and in 360586 on 19 December 2013 in the Frances proceeding by deleting paragraph 3(i) and inserting instead "(i) the payment of reasonable legal costs incurred in relation to producing documents on subpoena or notice to produce and retaining and instructing solicitors to act in proceedings 2010/36817, 2010/370107, 2013/360586 and 2013/360672". 2. I dismiss Motion B (filed 20 October 2014) with costs. 3. I modify the freezing order by consent. 4. The costs of Motion A (filed 7 November 2014) be costs in the cause. 5. All the evidence of the defendants is to be served no later than 24 June 2015. 6. The matter is to go to the Registrar's list on 21 April 2015, (a) to fix a hearing date with a tentative estimate of nine days, and (b) to put the matter in for pre-trial directions before the hearing judge some time after 24 June 2015, so the hearing time can be adjusted depending on what comes out of the extra evidence. The normal orders for hearing can then be made, which includes a court book being given to the judge at least three days before the hearing. Legislation Cited: Evidence Act 1995 (NSW) Statute of Uses, 1535 (Imp) Cases Cited: Chancery in Topham v Portland (Duke) (1863) 1 De GJ & S 517; 46 ER 205 Kain v Hutton [2007] NZCA 199; [2007] 3 NZLR 349 Kain v Hutton [2008] NZSC 61; [2008] 3 NZLR 589 Re Burton's Settlement [1955] Ch 82 Re Crawshay [1948] Ch 123 Re Wright [1920] 1 Ch 108 Texts Cited: GW Thomas, Thomas on Powers (Oxford University Press, 2nd edition, 2012) JA McGhee (Ed), Snell's Equity (Sweet & Maxwell, 32nd edition, 2010) Category: Procedural and other rulings Parties: 2013/00360586 (Plaintiff) Frances Rita Maloof (Defendants 1-4) Uncle's Joint Pty Limited ACN 148 176 792, Darren Pernice, Einasleigh Nominees Pty Limited ACN 001 547 575, Albert & May Pty Ltd ACN 001 102 067