Botany Bay Apartments Pty Ltd v Badolato (No. 2) [2019] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: Botany Bay Apartments Pty Ltd v Badolato (No. 2) [2019] NSWSC 498 Hearing dates: 4 April 2019 Date of orders: 04 April 2019 Decision date: 04 April 2019 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the plaintiff in the sum of $195,654.00. 2. The defendant is to pay to the plaintiff's costs of the proceedings. Catchwords: CIVIL PROCEDURE — jurisdiction — transfers to and from other courts — District and Local Courts – whether District Court had jurisdiction to hear proceedings for recovery of deposits under contracts for sale of land – whether title to land in question – District Court Act 1973 (NSW) s 48

COSTS – whether costs should be awarded other than on the ordinary basis – proceedings for the recovery of deposits under contracts for sale of land – amount claimed under $500,000 - r 42.34 Uniform Civil Procedure Rules 2005 (NSW) - where the unsuccessful defendant submitted that the proceedings should have been commenced in the District Court and that therefore no costs order should be made – jurisdiction of the District Court – s 44(1) District Court Act – whether the proceedings should have been commenced and maintained in the Supreme Court –– where the defendant offered no objection to the proceedings being commenced and maintained in the Supreme Court nor sought to have the proceedings transferred – where ultimately the proceedings would need to have been transferred to the Supreme Court given its exclusive jurisdiction to hear a defence subsequently raised by the defendant – costs ordered on the ordinary basis

JUDGMENTS AND ORDERS — interest — award of on judgment — recoverability – s 100 Civil Procedure Act 2005 (NSW) – where vendor agreed at time of contract that no interest would be payable on any deposit – any such entitlement waived upon breach of contract – interest awarded Legislation Cited: Civil Procedure Act 2005 (NSW) s 100 Conveyancing Act 1919 (NSW) s 55(2A) District Court Act 1973 (NSW) ss 44, 48 Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 42.34 Cases Cited: Botany Bay Apartments Pty Ltd v Badolato [2019] NSWSC 296 Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531; [2007] HCA 8 Gladio Pty Ltd v Buckworth (No 2) [2015] NSWSC 1462 New South Wales Land and Housing Corporation v Quinn [2016] NSWCA 338 Wilde v Anstee (No.2) [1999] NSWSC 819 Texts Cited: Nil Category: Costs Parties: Botany Bay Apartments Pty Ltd (Plaintiff) Joe Anthony Badolato (Defendant) Representation: Counsel: E W L Anderson (Plaintiff) In person (Defendant)