Lauvan Pty Limited & Anor v Bega & Ors [2018] NSWSC 154

Supreme Court New South Wales

Medium Neutral Citation: Lauvan Pty Limited & Anor v Bega & Ors [2018] NSWSC 154 Hearing dates: 8-12 May, 1, 2 and 7 June 2017 Decision date: 22 February 2018 Before: Gleeson JA Decision: (1) Judgment for the plaintiffs against each of the first, second and third defendants in the sum of $1 million, together with interest thereon at the rate of 20 per cent per annum from 2 April 2015 until 22 July 2015 and thereafter at the rate of 30 per cent per annum until the date of judgment.

(2) Direct the parties to bring in agreed short minutes in respect of the calculation of interest in accordance with order (1) above.

(3) Judgment for possession of the land comprised in Lot 3 in deposited plan 791971 and known as 150 Fox Valley Road, Denham Court in the State of New South Wales (the land).

(4) Grant leave to the plaintiffs to issue a writ of possession in respect of the land, not earlier than eight weeks after the date of judgment.

(5) The first, second and third defendants to pay the plaintiffs' costs of the proceedings.

(6) Dismiss the first cross-claim of Aidan Bega and AB Veritas Pty Ltd with costs.

(7) Dismiss the second cross-claim of Helen Bega with costs.

(8) Dismiss the third cross-claim of Charles Ciappara.

(9) Reserve the question of costs of the third cross-claim.

(10) Direct Mr Ciappara to file and serve short written submissions (not exceeding three pages) with respect to the question of costs of the third cross-claim within 14 days. Mrs Bega and the cross-defendants to the third cross-claim to file and serve short written submissions in response (not exceeding three pages) within a further 14 days, and Mr Ciappara to file and serve any written submissions in reply (not exceeding two pages) within seven days thereafter.