Marina Blue Pty Limited v Gear [2018] NSWSC 824

Supreme Court New South Wales

Medium Neutral Citation: Marina Blue Pty Limited v Gear [2018] NSWSC 824 Hearing dates: 17 May 2018 Date of orders: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The matter is stood over for hearing to 27 August 2018 at 10.00 am before Harrison AsJ.

(2) Grant leave to the plaintiff to file a notice of motion seeking lump sum costs order by 27 July 2018.

(3) All evidence admitted on adjournment application is evidence on the substantive hearing.

(4) The defendant is to pay the plaintiff's costs of today. Such costs are not payable until the proceedings are finalised.

The Court directs that:

(5) The defendant is to serve any further affidavit evidence by 27 July 2018. Catchwords: CIVIL PROCEDURE – Strike out application pursuant to rule 13.1 or rule 14.15(3) of the UCPR – summary judgment – leave to issue a writ of possession

CIVIL PROCEDURE – Adjournment sought – application for adverse possession – adjournment granted Legislation Cited: Civil Procedure Act 2005 (NSW) Residential Tenancies Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Hamod v State of New South Wales [2011] NSWCA 375 Category: Procedural and other rulings Parties: Marina Blue Pty Limited (Plaintiff) Trevor Gear (Defendant) Representation: Counsel: G Rundle (Plaintiff)