Western Land Developments Pty Limited v Maganic Brothers and Sister Pty Limited (No. 4) [2016] NSWSC 1506

Supreme Court New South Wales

Medium Neutral Citation: Western Land Developments Pty Limited v Maganic Brothers and Sister Pty Limited (No. 4) [2016] NSWSC 1506 Hearing dates: 25 October 2016 Date of orders: 25 October 2016 Decision date: 25 October 2016 Jurisdiction: Equity Before: Slattery J Decision: Claim for charging order dismissed. Order for interest on costs made. Orders made giving effect to calculations of the amounts due on the basis of previous judgments. Catchwords: PROCEDURE AND COSTS – fourth judgment in proceedings – by motion dated 6 October 2016 the defendant/cross claimant seeks supplementary orders – first, the defendant/cross-claimant claims a charging order in respect of existing costs orders it its favour against the plaintiff/cross-defendant – second, the defendant/cross-claimant seeks an award of interest on costs pursuant to Civil Procedure Act, s 101(4). Legislation Cited: Civil Procedure Act 2005 (NSW), ss 101(4), 126, 127 Judgment Creditors' Remedies Act 1901 (NSW) Cases Cited: Doppstadt Australia Pty Ltd v Lovick and Son Developments Pty Ltd (No.2) [2014] NSWCA 219 Jones v Poletti (No. 2) [2014] NSWSC 1057 McKeith v Royal Bank of Scotland Group PLC; Royal Bank of Scotland Group PLC v James (No. 2) [2016] NSWCA 260 Paul Michael Pty Ltd v Urban Traders Pty Ltd [2010] NSWSC 1246 Quint v Robertson (1985) 3 NSWLR 398 Western Land Developments Pty Limited & Anor v Maganic Brothers and Sister Pty Limited & Anor [2013] NSWSC 1574 Western Land Developments Pty Limited & Anor v Maganic Brothers and Sister Pty Limited & Anor (No. 2) [2016] NSWSC 598 Western Land Developments Pty Limited v Maganic Brothers and Sister Pty Limited (No. 3) [2016] NSWSC 1203 Category: Costs Parties: First Plaintiff/Cross-Defendant: Western Land Developments Pty Limited Second Plaintiff/Cross-Defendant: Edmond Brendan Kelly