Goldberg v Beckett [2017] NSWSC 1075

Supreme Court New South Wales

Medium Neutral Citation: Goldberg v Beckett [2017] NSWSC 1075 Hearing dates: 31 March 2017, 14 August 2017 Date of orders: 18 August 2017 Decision date: 18 August 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) Make no order with respect to Ms Beckett's notice of motion filed on 5 April 2017. (2) Stand over the notice of motion for directions on 3 November 2017. (3) Reserve the costs of that motion, including the costs of appearances before me between 31 March 2017 and 14 August 2017. (4) Grant liberty to the parties to apply on 7 days' notice. Catchwords: PRACTICE AND PROCEDURE – whether monies deposited in a controlled account should be transferred to an account earning a higher interest rate – whether the first defendant should be a signatory to such account – whether the interest rate on the current account is unfairly disadvantageous to the first defendant – where there has been delay and complication in transferring funds – where costs generated by litigation are disproportionate to potential loss alleged – where proceedings brought about by the notice of motion were neither cost nor time effective – where the position can be further considered following completion of the costs assessment process Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Cases Cited: Goldberg v Beckett [2016] NSWSC 1646 Grassby v R (1989) 168 CLR 1; [1989] HCA 45 Category: Procedural and other rulings Parties: Terence Louis Goldberg, Armando Gardiman and Thady Blundell t/as Turner Freeman (Plaintiffs) Roseanne Beckett (First Defendant/Cross-Claimant) The State of New South Wales (Second Defendant) Representation: Counsel: K Rees SC with J McDonald (Plaintiffs) T H Bray (First Defendant)