Ferella v Official Trustee in Bankruptcy (NSWCA) - costs - dismissal of appeal against appointment of trustees for sale of properties - indemnity costs awarded in Official Trustee's favour
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Collis Finance Pty Ltd v Hertford (No. 2) (NSWSC) - real property - possession - no defence to claim - plaintiff free to move for default judgment
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Dear Subscriber
1. This Benchmark Television broadcast is with The Hon. Ian Coleman SC on de facto relationships in family law with Dasith Vithanage.
2. This is one hour five minutes of gold. There is no better commentator on family law than Ian Coleman. Everyone should watch – all the family.
3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
6. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
7. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards Alan Conolly for Benchmark
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Benchmark Television |
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The Hon. Ian Coleman SC on de facto relationships in family law with Dasith Vithanage |
This is one hour five minutes of gold. There is no better commentator on family law than Ian Coleman. Everyone should watch – all the family. |
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Summaries With Link (Five Minute Read) |
Ferella v Official Trustee in Bankruptcy [2016] NSWCA 27 Court of Appeal of New South Wales Bergin CJ in Eq, Tobias & Emmett AJJA Costs - Court dismissed appellants' appeal from order appointing trustees for sale of properties made pursuant to s66G Conveyancing Act 1919 (NSW) - Court decided appellants' arguments hopeless and should not have been made - whether indemnity costs warranted in Official Trustee's favour - held: appellants' contentions in opposition to indemnity costs orders had no more merit than arguments advanced on appeal - indemnity costs ordered. Ferella |
Collis Finance Pty Ltd v Hertford (No. 2) [2016] NSWSC 192 Supreme Court of New South Wales Davies J Real property - possession - default in making interest repayments - defence had been struck out in proceedings - further “Defence” had been handed to Court in proceedings - held: “Defence” sought to be relied upon did not disclose defence to claim - defendants had no defence to claim for possession of land - plaintiff free to move for default judgment. Collis |