Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 2) [2020] NSWSC 745

Supreme Court New South Wales

Medium Neutral Citation: Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 2) [2020] NSWSC 745 Hearing dates: On the papers Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Equity - Expedition List Before: Williams J Decision: Order that the Further Amended Notice of Motion filed by the defendants on 30 August 2019 is dismissed. Catchwords: EQUITY – injunctions – interlocutory injunctions – usual undertaking as to damages – application to order the plaintiffs to provide security for an undertaking as to damages proffered to the Court on a previous occasion – no power to order the plaintiffs to provide security retrospectively

EVIDENCE – affidavit evidence – Uniform Civil Procedure Rules 2005 (NSW) r 31.9(1) – whether affidavits filed in other proceedings can be relied upon by the defendants in present proceedings – where not all the parties in other proceedings are the same as the parties in the present proceedings – whether leave should be granted under UCPR r 31.9(2) to the defendants to rely on certain affidavits in the present proceedings in relation to proof of particular facts – limited leave granted

PRACTICE AND PROCEDURE – applications – security for costs – jurisdictional basis – Uniform Civil Procedure Rules 2005 (NSW) r 42.21(1)(f) – whether there is a reason to believe that the plaintiffs have divested assets with the intention of avoiding the consequences of the proceedings – where plaintiffs alleged to have made misleading or deceptive statements to the Court concerning their financial position – where evidence does not show that plaintiffs made misleading or deceptive statements – where there is insufficient evidence to quantify the security for costs order sought in any event – security for costs application dismissed