Watton v Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton [2017] NSWSC 1598

Supreme Court New South Wales

Medium Neutral Citation: Watton v Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton [2017] NSWSC 1598 Hearing dates: On the papers Date of orders: 22 November 2017 Decision date: 22 November 2017 Jurisdiction: Equity Before: Darke J Decision: Defendant ordered to pay the plaintiff's costs of the proceedings. Catchwords: COSTS – plaintiff lodges caveat claiming interest in land due to mortgage repayments – lapsing notice served by bankruptcy trustee of plaintiff's former spouse – plaintiff commences proceedings seeking extension of caveat – plaintiff subsequently commences proceedings in Federal Court – caveat extended until determination of Federal Court proceedings – whether plaintiff should not have commenced proceedings in Supreme Court – whether plaintiff's delay warrants costs order against her Legislation Cited: Bankruptcy Act 1966 (Cth), s 27 Real Property Act 1900 (Cth), ss 74J, 74K, 90 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 42.20 Cases Cited: In the marriage of Stevens (1991) 15 Fam LR 51 Ipandco (Australia) Pty Ltd v Australian Technology Park Precinct Management Ltd [2003] FCA 1322 Jones v Daniel [2004] NSWSC 517 Leroy v Koutavas, Re Koutavas (No 2) [2017] FCA 912 Category: Costs Parties: Charlene Watton (Plaintiff) Robert Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton (Defendant) Representation: Counsel: Mr S Lipp (Plaintiff) Mr S H Hartford-Davis (Defendant)