Telfer v Fairfax (No 3) [2016] NSWSC 895

Supreme Court New South Wales

Medium Neutral Citation: Telfer v Fairfax (No 3) [2016] NSWSC 895 Hearing dates: On the papers Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Equity Before: Robb J Decision: See par 27 Catchwords: CONVEYANCING – Matters arising after completion – other matters – deposit – second defendant purchaser entitled to credit for balance of deposit held in trust by first defendant administrator of the estate of the vendor – second defendant had been ordered to complete the contract for sale following an order for specific performance sought by the second defendant without being given credit for the balance of the deposit – first defendant ordered to return balance of deposit to second defendant – no issue of principle

COST ORDERS – entitlement of first defendant administrator to his fees and expenses as administrator and as first defendant in the proceedings – first defendant had accepted appointment on the basis of a promise by the plaintiff that any shortfall in the capacity of the estate to meet his fees and expenses would be paid in priority to any obligation of the estate to the plaintiff – orders made to ensure plaintiff responsible for first defendant's fees and expenses – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Consequential orders (other than Costs) Parties: Carolyn Telfer (plaintiff) Kenneth John Fairfax in his capacity as administrator of the estate of Lyall Telfer (first defendant) Mark Andrew Telfer (second defendant) Representation: Counsel: A G Martin (plaintiff) M Rollinson (second defendant)