French v Bremner (No 2) [2019] NSWSC 1504

Supreme Court New South Wales

Medium Neutral Citation: French v Bremner (No 2) [2019] NSWSC 1504 Hearing dates: 16 and 31 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Equity - Commercial List Before: Parker J Decision: See [46] Catchwords: COSTS — Party/Party —General rule that costs follow the event – second cross-defendant succeeded on first cross-claimant's cross-claim but not on first cross-claim – relevant adjustment to general rule – costs referrable to relevant cross-claims where defendants commonly represented - Dimos v Willetts.

LAND LAW — Co-ownership — Statutory trust for sale — Appointment of trustees for sale pursuant to Property Law Act 1958 (Vic), Part IV, s 225 – property purchased but not formally transferred – "land" per s 225 encompasses equitable interests held in title – trustee appointed for sale of estate and relevant interest held – stamp duty to be paid out of proceeds of sale.

CIVIL PROCEDURE — Stay of proceedings — Pending prospective appeal and removal of proceedings to High Court – no evidence of outcome of application for removal of proceedings – no evidence of prospective grounds for appeal – stay refused. Legislation Cited: Civil Procedure Act 2005, s 100 Interpretation of Legislation Act 1984 (Vic), s 38 Property Law Act 1958 (Vic), Part IV, ss 222, 225 Cases Cited: Currabubula Holdings Pty Ltd v State Bank of New South Wales [2000] NSWSC 232 Dimos v Willetts (2000) 2 VR 170; [2000] VSCA 154 Category: Consequential orders Parties: Andrew Boyd French (Plaintiff/First Cross-defendant) Christopher Bremner (Defendant/Cross-claimant) Representation: Counsel: A Harding (Defendant/Cross-claimant)