Cattell & Lund

In the matter of MLC 1703 of 2020, Ms Cattell (the Applicant) brought proceedings against Mr Lund and others (the Respondents). The dispute concerned financial matters and compliance with previous court orders. Bennett J presided over the proceedings.

The court was required to determine several issues, including the extension of time for the Respondents to comply with existing orders for filing contentions of fact and law and for discovery. The court also needed to address the timing of a private mediation, the appointment of a single expert for valuation, and the enforcement of an order for the default sale of a property. Furthermore, the court considered the appropriate basis and quantum of costs to be awarded to the Applicant.

Bennett J ordered extensions of time for the Second and Third Respondents to comply with specific orders, setting new deadlines for filing contentions and completing discovery. The court directed that mediation would only occur after compliance with discovery and valuation orders, and that a single expert would be jointly appointed for valuation by a specified date. To facilitate the default sale of the D Street property, the Registrar was appointed to execute necessary documents, and the Applicant was granted conduct of the sale, with rental income to be deposited into an account solely in the Applicant's name and applied towards mortgage payments, outgoings, and sale expenses. The court also ordered that the Respondents pay the Applicant's costs of and incidental to the application on an indemnity basis, fixed at $28,000, payable within 30 days. The matter was listed for a further check on mediation readiness and tentatively allocated a final hearing date.