Tanilba Beach Pty Limited v JR & JB Pty Limited [2018] NSWSC 288

Supreme Court New South Wales

Medium Neutral Citation: Tanilba Beach Pty Limited v JR & JB Pty Limited [2018] NSWSC 288 Hearing dates: 28 February 2018 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Mr Burrell is to serve a bill of costs concerning counsels' fees in the primary proceedings on the Champion Interests by 23 March 2018.

(2) Mr Burrell or BS Legal is to serve a bill of costs comprising of the solicitor's costs and disbursements incurred in the primary proceedings on the Champion Interests by 1 June 2018.

(3) Costs of the Champion Interests' notice of motion filed 20 December 2016 to date are reserved.

(4) The notice of motion filed 20 December 2016 is stood over to 12 June 2018 at 10.00 am before Harrison AsJ for mention. Catchwords: CIVIL PROCEDURE – judgments and orders – writ of execution – whether leave should be granted under UCPR r 39.1 – whether opportunity should be given for a party to have costs assessed – set off cost order – injustice and grave circumstances Legislation Cited: Uniform Civil Procedure Rules (2005) NSW, rr 38.1(a), 39.1 and 39.3 Civil Procedure Act 2005 (NSW), ss 56, 57, 58 and 101 Cases Cited: Australian Beverage Distributors v Evans & Tate Premium Wines Pty Limited [2006] NSWSC 560 Burrell Solicitors Pty Limited v Reavill Farm Pty Ltd [2016] NSWSC 303 Coshott v Barry & Board [2017] NSWSC 1435 Deputy Commissioner of Taxation v Frangieh [2017] NSWSC 252 Dodds v Premier Sports Australia Pty Limited (No 2) [2004] NSWSC 389 Gertig v Davies (2003) 85 SASR 226 Kayley v Hothersall [1925] 1 KB 607 Lahoud v Lahoud [2012] NSWSC 284 Reavill Farm Pty Ltd v Burrell Solicitors Pty Ltd [2017] NSWCA 156 Watkins Limited v Caicaria Pty Limited (1983) 78 FLR 417 Category: Procedural and other rulings Parties: Reavill Farm Pty Ltd, Champions Quarry Pty Limited, Macabil Pty Limited, Jeffrey Francis Champion and Diana Christine Champion (Applicants) John Llewellyn Burrell (Second Defendant) Representation: Counsel: M Jaireth (Applicants) L T Livingston (Second Defendant)