Walker v Australian Forestry Holdings Pty Ltd [2018] NSWSC 1535

Supreme Court New South Wales

Medium Neutral Citation: Walker v Australian Forestry Holdings Pty Ltd [2018] NSWSC 1535 Hearing dates: 17 July 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss with costs the application by the plaintiffs for leave to lodge a further caveat over the land comprising the Braidwood property (namely, the land contained in certificates of title folio identifiers 328/755911, 326/755911, 329/755911 and Auto Consol 15246-77) claiming the same estate or interest as that set out in an earlier caveat (AK239679W) which was withdrawn on 3 May 2018. 2. Order that the costs of the application by the defendant for an extension of time to serve its expert evidence be the defendant's costs in the cause. Catchwords: LAND LAW — Caveats — Application to lodge a further caveat in respect of the same estate, interest or right and purporting to be based on the same facts as earlier caveat which was ordered by the Court to be withdrawn – Application refused with costs

COSTS — Application for costs of motion seeking leave for extension of time to file expert evidence which motion was ultimately determined by consent – Order that costs of the motion be the defendant's costs in the cause Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Real Property Act 1900 (NSW), ss 74F, 74MA, 74O Uniform Civil Procedure Rules 2005 (NSW), r 33.3 Cases Cited: Beecham Group Laboratories Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Composite Buyers Ltd v Soong (1995) 38 NSWLR 286 De Mestre v AD Hunter Pty Ltd (1952) 77 WN (NSW) 143 De Meyrick v Dimitriou [2011] NSWSC 1291 Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1323 Griffiths v Falck [2008] NSWSC 998 Hanson Construction Minerals Pty Ltd v Roberts (2016) 93 NSWLR 1; [2016] NSWCA 240 Holdcroft v Market Garden Produce Pty Ltd [2001] 2 Qd R 381; [2000] QCA 396 Iaconis v Lazar [2007] NSWSC 1103 J & H Just (Holdings) Pty Ltd v Bank of New South Wales (1975) 125 CLR 546; [1971] HCA 57 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; 110 ALR 449 Redman Construction Pty Ltd v Tarnap Pty Ltd [2005] NSWSC 1011; 12 BPR 23,395 Rejfek v McElroy (1965) 112 CLR 517; [1965] HCA 46 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Schibaia v Elias [2013] NSWSC 1485 Summit Acceptance Pty Ltd v Wild [2011] NSWSC 659 Swansson v Pratt [2002] NSWSC 583; 20 ACLC 1594 Telfer v Telfer (2014) 87 NSWLR 176; [2014] NSWCA 186 Warner v Andrews [2011] NSWSC 956 Xabregas v St George Bank Ltd [2017] NSWSC 200; 18 BPR 36,885 Category: Procedural and other rulings Parties: Stanley Roy Walker (First Plaintiff) Jacqueline Mary Walker (Second Plaintiff) Australian Forestry Holdings Pty Ltd (Defendant) Representation: Counsel: A Vernier (Plaintiffs) N Kirby (Defendant)