15 Feb 2018
The interlocutory directions of 19 December 2017 were rendered moot by EQC's payment into the LawTrust Account and the subsequent costs judgment; because there was no longer a live dispute affecting the parties and no public interest reason to proceed, the Court declined to exercise its jurisdiction under r7.49 and dismissed the review application, with costs to lie where they fall.
6 Dec 2011
From the $10,000 retained in Collins & May's trust account the applicant is entitled to be paid occupation rental calculated at the rate fixed in paragraph 24 of the earlier judgment for the full 108-week period from the respondent's commencement of occupation until settlement on 26 August 2010; a direction to that effect is made and leave is reserved for further directions.
6 Dec 2010
Fitzherbert Rowe were validly instructed by Davis O'Sullivan on behalf of Aviation Property; the invoice of $25,097.22 was reasonable given the urgency and complexity; the terms of engagement containing 16% p.a. compounding interest were valid and applicable after parties were warned and did not secure payment by the concession date; accordingly Fitzherbert Rowe are entitled to the principal and accrued compounding interest and payment must be made from Aviation Property funds with $5,000 plus GST retained for future settlement costs.