Southern Cross Credit Union Ltd v Reavill Farm Pty Ltd [2019] NSWSC 911

Supreme Court New South Wales

Medium Neutral Citation: Southern Cross Credit Union Ltd v Reavill Farm Pty Ltd [2019] NSWSC 911 Hearing dates: On the papers Decision date: 17 July 2019 Jurisdiction: Common Law Before: Button J Decision: Reavill Farm Pty Ltd (the defendant) must pay the costs on the ordinary basis to Southern Cross Credit Union Ltd (the plaintiff) of the proceedings before me that were resolved by my judgment of 21 June 2019. Catchwords: COSTS – party/party – assessment of responsibility for listing of competing notices of motion ultimately not pressed – where mortgagee entered into possession of property not left vacant – application made pursuant to Uncollected Goods Act 1995 (NSW), s 9 – where consent orders endorsed – whether costs to be awarded on indemnity or ordinary basis – costs awarded on the ordinary basis Legislation Cited: Farm Debt Mediation Act 1994 (NSW) Uncollected Goods Act 1995 (NSW) Category: Costs Parties: Southern Cross Credit Union Ltd (Applicant) Reavill Farm Pty Ltd (First Respondent) AR Mortgages Pty Ltd (Second Respondent) Christopher Dean Nott (Third Respondent) Tom Hillbon (Fourth Respondent) Representation: Counsel: J R Bennett (Applicant) N Obrart (First Respondent)

Solicitors: Collection Law Partners (Applicant) Harper James Law Group (First Respondent) File Number(s): 2016/360541

Judgment

Introduction 1. This matter came before in the Duty List on 21 June 2019 for the hearing of two opposing motions. Due to the good work of both counsel, the matter was resolved, except as to costs. The parties were content for me to resolve that question in Chambers, with the benefit of written submissions only. This judgment constitutes that resolution.