Daily Construction: Thursday, 10 March 2016
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

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Executive Summary (One Minute Read)
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
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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1. This Benchmark Television broadcast is with The Hon. Ian Coleman SC on de facto relationships in family law with Dasith Vithanage.

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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.
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