Ventura v Higgins [2018] NSWSC 909

Supreme Court New South Wales

Medium Neutral Citation: Ventura v Higgins [2018] NSWSC 909 Hearing dates: 27 April 2018 Decision date: 21 June 2018 Jurisdiction: Equity Before: Robb J Decision: See paragraph 55 Catchwords: CIVIL PROCEDURE — Stay of proceedings — s 135 of the Civil Procedure Act 2005 (NSW) – Inherent power — whether a judgment for costs against the applicants should be stayed until a separate order for costs against the respondents is quantified by assessment Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Ventura v Higgins [2018] NSWDC 49 Barescape Pty Limited as trustee for The V's Family Trust & Anor v Bacchus Holdings Pty Limited as trustee for The Bacchus Holdings Trust & Anor (No 9) [2012] NSWSC 984 Limited as trustee for The V's Family Trust & Anor v Bacchus Holdings Pty Ltd as trustee for The Bacchus Holdings Trust & Anor (No 10) [2012] NSWSC 1275 Barescape Pty Limited as trustee for the V's Family Trust & Anor v Bacchus Holdings Pty Limited as trustee for the Bacchus Holdings Trust & Anor (No 12) [2012] NSWSC 1591 O'Neill v Williams [2007] NSWSC 51 Australian Receivables Ltd V Tekitu Pty Ltd (Subject to Deed of Company Arrangement) (Deed Administrators Appointed) [2011] NSWSC 1425 Anthony Simon Bell v Rittal Pty Ltd [2013] NSWSC 398 Wentworth v Wentworth [1996] NSWCA 553 (BC9600213) Category: Procedural and other rulings Parties: Bacchus Holdings Pty Limited (First Applicant/Second Defendant) Matthew Gordon Higgins (Second Applicant/First Defendant) Barescape Pty Limited (First Respondent/Second Plaintiff) Anthony Ventura (Second Respondent/First Plaintiff) Representation: Counsel: D Barnett (Applicants/Defendants)