Puddick v Dyamond Developments Pty Ltd (No 3) [2020] NSWSC 551

Supreme Court New South Wales

Medium Neutral Citation: Puddick v Dyamond Developments Pty Ltd (No 3) [2020] NSWSC 551 Hearing dates: On the papers Date of orders: 12 May 2020 Decision date: 12 May 2020 Jurisdiction: Equity Before: Robb J Decision: See par [62]. Catchwords: CIVIL PROCEDURE — Discontinuance of proceedings — where the Court makes an order that the balance of the proceedings be discontinued as opposed to dismissed to allow for the continuing possibility of the claim being revived

EQUITY — Trusts and trustees — Resulting trusts — Quistclose trusts – where the Quistclose principle is not applied because the purpose has been satisfied

COSTS — Party/Party — Court's discretion – where the circumstances dictate that it should be made clear that the defendants are liable to pay the plaintiffs' costs on the ordinary basis – where the Court initially made an order in respect of proceedings that had not yet been completed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 Elevate Brandpartners Ltd v Hammond (No 4) [2020] FCA 421 Dyamond Developments Pty Ltd v Puddick: [2020] NSWCA 32 Puddick v Dyamond Developments Pty Ltd [2019] NSWSC 431 Puddick v Dyamond Developments Pty Ltd (No 2) [2019] NSWSC 738 Category: Costs Parties: Justin Frank Puddick (first plaintiff) John Edward Puddick (second plaintiff) Dyamond Developments Pty Ltd (first defendant) George Hatzipapas (second defendant) Gaks Investment Holdings Pty Ltd (third defendant) Representation: Counsel: E Peden SC (first and second plaintiffs) JT Johnson (second and third defendants)