Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer [2017] NSWSC 634

Supreme Court New South Wales

Medium Neutral Citation: Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer [2017] NSWSC 634 Hearing dates: 12 May 2017 Date of orders: 12 May 2017 Decision date: 22 May 2017 Before: Ward CJ in Eq Decision: 1. Confirm the orders made on 12 May 2017, dismissing the plaintiff's application for an order setting aside the orders made on 24 October 2016 by Bergin CJ in Eq; ordering the plaintiff to pay the defendant's costs of the proceedings (otherwise than as have already been the subject of costs orders to date); and staying the proceedings until satisfaction of the costs orders made in the proceedings to date. 2. Order that the costs of the proceedings since 24 October 2016 be paid as a gross sum in the amount of $55,000 (without prejudice to the plaintiff claiming a higher amount on any later assessment of the costs of these proceedings). 3. Note that liberty has been granted to the defendant to apply on three business days' notice if there be any application to dismiss the proceedings for want of prosecution; and that liberty has been granted to the plaintiff to apply on three days' notice for any order reinstating the proceedings in the list (after payment of the costs ordered on 24 October 2016 and the costs the subject of order 2 above). Catchwords: PRACTICE AND PROCEDURE – application to set aside costs orders made as condition to grant of leave to the plaintiff to apply to file an amended commercial list statement in circumstances where leave refused for filing of then proposed amended commercial list statement – where plaintiff contends that new information and evidence has come to light – application unsuccessful