Stenlake v Whipps (No. 2) [2016] NSWSC 1520

Supreme Court New South Wales

Medium Neutral Citation: Stenlake v Whipps (No. 2) [2016] NSWSC 1520 Hearing dates: 6 June and 24 August 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Equity Before: Slattery J Decision: Order the defendants/cross-claimants to pay interest under Civil Procedure Act 2005, s 100 on the sum of $80,000 from 29 January 2013 to 24 August 2016. Order the defendants/cross-claimants to pay two thirds of the plaintiff's costs of these proceedings. Catchwords: INTEREST AND COSTS – Court orders – equitable charge in the sum of $100,000 over defendant's/cross-claimant's property – cross-claimant succeeds in order for return of Mercedes Benz motor vehicle to estate – whether interest up to judgment should be awarded on the sum of $100,000 – what costs order should be made. Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 District Court Act 1973, s 134(1)(h) Property (Relationships) Act 1984 Uniform Civil Procedure Rules 2005 ("UCPR"), rr 42.30(2), 42.34 Cases Cited: Kardos v Sarbett (No. 2) [2006] NSWCA 206 Ruby v Marsh (1975) 132 CLR 642 Screenco Pty Ltd v RL Dew Pty Ltd [2003] 58 NSWLR 720 Stenlake v Whipps [2016] NSWSC 719 Category: Costs Parties: Plaintiff: Richard Stenlake Representation: Counsel

Plaintiff: Mr J.M. Ireland QC Defendants: Ms R. Winfield

Solicitor

Plaintiff: Daniel McGirr, McGirr Lawyers Defendants: Sean Christian Radburn, Somerville Laundry Lomax File Number(s): 2014/46275 Publication restriction: No