Alicja Polbratek v Annross Partners Pty Limited trading as Centro Real Estate [2016] NSWSC 385

Supreme Court New South Wales

Medium Neutral Citation: Alicja Polbratek v Annross Partners Pty Limited trading as Centro Real Estate [2016] NSWSC 385 Hearing dates: On the papers Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Equity Before: Darke J Decision: The Court orders that the plaintiff pay the first defendant's costs of the proceedings on the usual basis. Catchwords: COSTS – departing from the general rule – deposit paid to stakeholder under contract for sale of land – vendor claims to have validity terminated contract – vendor seeks release of deposit – stakeholder not prepared to release funds without consent of parties or court order – vendor successful in obtaining orders for release of funds – funds to be held pending further order of court or consent of purchaser – whether vendor entitled to costs against stakeholder – whether stakeholder acted unreasonably in not acceding to request for release of funds

CONVEYANCING –contract for sale of land– deposit held by stakeholder – vendor claims to have validly terminated contract – identity of party entitled to deposit unclear – whether stakeholder obliged to release funds to vendor Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Grant v O'Leary (1955) 93 CLR 587 Commissioner of Taxation v Reliance Carpet Co Pty Limited [2008] HCA 22; (2008) 236 CLR 342 Hastingwood Property Limited v Saunders Bearman Anselm [1991] Ch 114 Category: Costs Parties: Alicja Polbratek (Plaintiff) Annross Partners Pty Limited trading as Centro Real Estate (First Defendant) Representation: Counsel: Mr R Notley (Plaintiff)