Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu (No 2) [2018] NSWSC 1611

Supreme Court New South Wales

Medium Neutral Citation: Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu (No 2) [2018] NSWSC 1611 Hearing dates: 16-18 and 24 October 2017 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders:

(1) Judgment for the plaintiffs against the second defendant for possession of the premises comprising that part of Lot 2367 in Deposited Plan 730219 known as Shop 5, 42-44 Queen Street, Campbelltown, New South Wales.

(2) The plaintiffs have leave to issue a writ of possession forthwith.

(3) Judgment for the plaintiffs against the second defendant in the sum of $207,972.82.

(4) The second defendant shall pay the costs of the plaintiffs of the proceedings as agreed or, in default, as assessed. Catchwords: POSSESSION OF LAND – rental arrears – mesne profits – interest payable – money judgment in favour of the plaintiff

COSTS – Calderbank offer – application for indemnity costs against a self-represented litigant – no evidence of whether self-represented litigant's non-acceptance of offer was unreasonable – costs awarded on an ordinary basis. Cases Cited: Bhagat v Global Custodians Ltd [2002] FCAFC 51 Bunnings Group Ltd v CHEP Australia Ltd (2001) 82 NSWLR 420; [2001] NSWCA 324 Love v Victoria (No 2) [2009] VSC 531 Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd (No 10) [2016] NSWSC 1587 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Spalla v St George Motor Finance Ltd (No 8) [2006] FCA 1537 Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu [2018] NSWSC 868 Thomas v Holmes (No 3) [2017] NSWLEC 156 Category: Principal judgment Parties: Margaret Sze Tu (First Plaintiff / First Cross-Defendant) Shiu How Sze Tu (Second Plaintiff / Second Cross-Defendant) Shiu Shing Sze Tu (Third Plaintiff / Third Cross-Defendant) Helen Sze Tu (Fourth Plaintiff / Fourth Cross-Defendant) C H Real Estate Pty Ltd (First Defendant) Jam Studios Pty Ltd (Second Defendant / Cross-Claimant) Representation: Counsel: R P V Carey (Plaintiffs / Cross-Defendants)