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

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

Dr Bremner is entitled to appointment of trustee for sale of jointly owned properties and costs of both cross-claims against Mr French, while Ms Bakey, as successful defendant, is entitled to recover her costs against Dr Bremner including common costs; no stay is granted as there is insufficient prospect of successful appeal or removal to High Court.

Parties
Plaintiff/first Cross Defendant: Andrew Boyd French; Defendant/cross Claimant: Christopher Bremner
Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Equity Commercial List / Consequential Orders
Outcome
Orders to be brought in by Dr Bremner reflecting judgment; stay application dismissed with costs.
Legal Topics
Costs, Statutory Trust for Sale, Stay of Proceedings
Civil Procedure Land Law Costs Statutory Trust for Sale Stay of Proceedings

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Parties

Andrew Boyd French

Plaintiff/first Cross Defendant

Christopher Bremner

Defendant/cross Claimant

Procedural Posture

Equity Commercial List / Consequential Orders

Legal Issues

  1. 1 Entitlement to costs adjustment when defendants are commonly represented
  2. 2 Appointment of trustees for sale under Property Law Act 1958 (Vic)
  3. 3 Appropriateness of stay pending High Court removal application

Ratio Decidendi

Dr Bremner is entitled to appointment of trustee for sale of jointly owned properties and costs of both cross-claims against Mr French, while Ms Bakey, as successful defendant, is entitled to recover her costs against Dr Bremner including common costs; no stay is granted as there is insufficient prospect of successful appeal or removal to High Court.

Court Disposition

Orders to be brought in by Dr Bremner reflecting judgment; stay application dismissed with costs.

Orders

  • Dr Bremner to bring in Short Minutes of Order to give effect to judgment.
  • Appointment of Jason Stone of PKF Melbourne as trustee for sale of jointly owned properties.