Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 3)

[2010] NSWSC 546

CITATION:	Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 3) [2010] NSWSC 546
HEARING DATE(S):	21 May 2010
JURISDICTION:	Equity
JUDGMENT OF:	Biscoe AJ
EX TEMPORE JUDGMENT DATE:	21 May 2010
DECISION:	Orders of 16 April 2010 varied.
CATCHWORDS:	JUDGMENTS AND ORDERS - variation
CASES CITED:	Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 2) [2010] NSWSC 285
PARTIES:	Hillcrest (Ilford) Pty Ltd (plaintiff) Kingsford (Ilford) Pty Ltd (first defendant) Donald Trevor Harding (second defendant)
FILE NUMBER(S):	SC 2010/00050000
COUNSEL:	D Sulan (plaintiff)
SOLICITORS:	Aleco Vrisakis (plaintiff)

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

BISCOE AJ

21 May 2010

2010/00050000 HILLCREST (ILFORD) PTY LTD v KINGSFORD (ILFORD) PTY LTD

EX TEMPORE JUDGMENT

1 HIS HONOUR: On 16 April 2010 I made orders and delivered reasons for judgment: Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 2) [2010] NSWSC 285. Order 3 was:

“Declaration that the defendants withdraw caveat number AF76146Q from the title of the property known as “Hillcrest”, xxxx xxxxxxxxxxx xxxxxxx, Ilford, New South Wales.”

2 The plaintiff now moves for a variation of Order 3 by adding at the end the following words:

“within seven days from 21 May 2010, failing which the Registrar-General is to remove the caveat from the title known as, “Hillcrest”, xxxx xxxxxxxxxxx xxxxxxx, Ilford, New South Wales.”

3 The evidence discloses that the defendants have not complied with order 3 made on 16 April 2010 and that the plaintiff’s representations to the defendants that they do so have been to no avail. In the circumstances I accept that the order should be varied in the way sought by the plaintiff. Accordingly, I make orders in accordance with the document entitled “Order” dated 21 May 2010 which I initial and place with the papers.