Sylvia Gazal v Aliza Sassoon; The Estate of the Najiya Gazal; Gazal v Sassoon [2016] NSWSC 1652

Supreme Court New South Wales

Medium Neutral Citation: Sylvia Gazal v Aliza Sassoon; The Estate of the Najiya Gazal; Gazal v Sassoon [2016] NSWSC 1652 Hearing dates: 31 October and 2 November 2016 Date of orders: 02 November 2016 Decision date: 02 November 2016 Jurisdiction: Equity Before: Slattery J Decision: Caveat removed. Injunction granted preventing further caveats being filed. Monies in Court in probate proceedings paid out to defendant less costs. Gross sum costs order made. Catchwords: REAL PROPERTY – caveats – registered proprietor seeking to complete a contract for sale of subject property - whether caveatable interest demonstrated – whether defendant should be enjoined from filing further caveats.

FUNDS IN COURT – no dispute that defendant entitled to funds in Court – no other claimant to funds – defendant does not wish to receive funds – whether funds should be paid out to the defendant.

COSTS – gross sum costs order sought – small amount of costs – costs involved in an assessment may exceed the costs in question – whether funds in Court should be paid out after costs deducted. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Real Property Act 1900, s 74MA(3) Succession Act 2006, Chapter 3 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Harrison & Anor v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Hadid v Lenfest Communications Inc [2000] FCA 628 Category: Procedural and other rulings Parties: Plaintiff: Sylvia Gazal Defendant: Aliza Sassoon Representation: Counsel