Barron v NSW Trustee and Guardian [2019] NSWSC 1343

Supreme Court New South Wales

Medium Neutral Citation: Barron v NSW Trustee and Guardian [2019] NSWSC 1343 Hearing dates: 3 October 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) The orders as to professional costs entered on 8 August 2019 by the Court below are set aside.

(2) In lieu thereof, the defendant/applicant in the Court below to pay the costs of the plaintiff/respondent in the agreed sum of $3,300.00.

(3) Vary the default judgment entered in the Court below in case number 2013/234559 on 7 January 2014 in the sum of $38,048.32, by substituting the sum of $8,235.00 for the sum of $38,048.32.

(4) No order as to costs of the proceedings in this Court with the intention that the parties bear their own costs.

(5) The Court notes the undertaking of the plaintiff in the proceedings in this Court not to make any further application to set aside the default judgment entered in the Court below in case number 2013/234559. Catchwords: PRACTICE AND PROCEDURE – appeal from Local Court resolved by consent – whether open to this Court to make orders under s 41 of Local Court Act 2007 (NSW) to finally dispose of proceedings in this Court and in Local Court – orders made Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW), s 41 Category: Principal judgment Parties: Pamela Barron (Plaintiff) NSW Trustee and Guardian as executor of the estate of the late Keith Middlemiss (Defendant) Representation: Counsel: M Cowden (Plaintiff) J Johnson (Defendant)