NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gunn v Gunn [2017] NSWSC 852 Hearing dates: 21 June 2017 Decision date: 27 June 2017 Jurisdiction: Common Law Before: Davies J Decision: No costs order should be made until the determination of the proceedings. Catchwords: PROCEDURE – costs – part of proceedings settled – possession proceedings - relief as claimed ordered by consent – cross-claim yet to be heard – defence to plaintiffs' claim for possession based on assertion of constructive trust – assertion by defendants that building erected on land in reliance on agreement with plaintiffs – building destroyed by fire after commencement of possession proceedings – defendants consent to order for possession – cross-claim to be determined after completion of fire enquiries by police and insurer – whether plaintiffs should obtain costs for possession claim Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Forgeard v Shanahan (1994) 35 NSWLR 206 Harris v Harris [2014] NSWSC 1766 Juratowitch v Quitlong [2012] NSWSC 1374 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Brian Gunn (First Plaintiff) Anne Gunn (Second Plaintiff) Andrew Gunn (First Defendant) Brenda Mahoney (Second Defendant) Representation: Counsel: D W Elliot (Plaintiff) T Catanzariti (Defendant)
Solicitors: Conroy Stewart Spagnolo (Plaintiff) Slater & Gordon (Defendants) File Number(s): 2014/366036
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