10 Dec 2013
By consent and pursuant to the court's statutory powers under s 339 Property Law Act 2007, an immediate sale was justified to address mortgage obligations and preserve the property value, with sale proceeds to repay the first mortgage and costs and remaining funds held in a solicitor's trust account until parties' entitlements are determined.
18 Nov 2013
Leave to appeal was refused because the applications were brought well outside the prescribed time with no satisfactory explanation, the proposed appeals lacked merit as they merely sought to challenge machinery orders implementing an earlier judgment, and granting leave would prejudice the respondent who had relied on the orders; joinder of the Solicitor-General was refused because the Crown had no direct or indirect interest in private civil proceedings and no role to correct alleged judicial errors; indemnity costs were awarded because the applications were hopeless and an abuse of process.
8 Jun 2006
Enhanced costs were denied because, although the law favoured Sleepyhead, the liquidators' arguments were not so devoid of merit as required by r 48C(3)(b)(ii) and their failure to pay proceeds into Court did not materially increase Sleepyhead's costs; costs awarded on category 2B.