Harvey v Barton (No. 4) [2015] NSWSC 809

Supreme Court New South Wales

Medium Neutral Citation: Harvey v Barton (No. 4) [2015] NSWSC 809 Hearing dates: 17 June 2015 Date of orders: 17 June 2015 Decision date: 17 June 2015 Jurisdiction: Equity Division Before: Slattery J Decision: The trustees for sale and their solicitors are to recover their costs from the proceeds of the sale of the property. Orders made for the defendant's share of the proceeds of sale to bear the Trustees' costs and the Trustees' solicitors' costs caused by the defendant's conduct. Gross sum costs order made under Civil Procedure Act, s 98(4)(c). Catchwords: EQUITY – where title to property had been found to be held in unequal shares by plaintiff and defendant – where trustees for sale of property had been appointed – where sale of property hindered by defendant – where costs of trustees and their solicitors associated with sale increased by defendant's conduct – orders for reimbursement of trustees and their solicitors from proceeds of sale – orders permitting the sale of defendants' belongings if unclaimed – orders permitting payment into court of defendant's share of sale proceeds if unclaimed.

COSTS – indemnity costs – likelihood of protracted costs assessment – whether a gross sum costs order should be made under Civil Procedure Act, s 98(4)(c). Legislation Cited: Civil Procedure Act 2005, s 98(4) Trustee Act 1925, ss 59, 93, 95(1) Cases Cited: C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia (No 4) [2013] NSWSC 761 Harvey v Barton [2013] NSWSC 1779 Harvey v Barton [2014] NSWSC 303 Harvey v Barton [2014] NSWSC 1422 Harvey v Barton (No. 2) [2014] NSWSC 1478 Harvey v Barton (No. 3) [2014] NSWSC 1724 Harrison v Schipp [2002] NSWCA 213 Octavo Investments Pty Limited v Knight (1979) 144 CLR 360 Category: Procedural and other rulings Parties: Plaintiff: Maria Luz Harvey Respondent/Defendant: Maria Luz Barton Representation: Counsel: Applicants: S. Lipp (for the trustees for sale)