NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Elip Pty Ltd v Arch Finance Pty Ltd [2020] NSWSC 752 Hearing dates: 12 June 2020 Date of orders: 12 June 2020 Decision date: 16 June 2020 Jurisdiction: Equity - Applications List Before: Kunc J Decision: Security for costs ordered Catchwords: COSTS — Security for costs — Relevant factors — Timing — Basis for assessment when applicant mortgagee has contractual entitlement to complete indemnity for costs Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Buckley v Bennell Design and Constructions Pty Ltd (1974) 1 ACLR 301 Idoport Pty Ltd v National Australia Bank Limited [2001] NSWSC 744 In the matter of Felan's Fisheries Pty Ltd [2016] NSWSC 1351 Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 Min Kyu Kim v Byung Sun (Eric) Song [2012] NSWSC 103 Vintage Marine Art Pty Ltd v Henderson & Cremer (No 2) [2019] NSWCA 252 Category: Procedural and other rulings Parties: Elip Pty Ltd ACN 137 960 046 in its own right and as Trustee for the Pile Street Discretionary Trust) (First Plaintiff/First Respondent)
Arch Finance Pty Ltd ACN 137 960 046 (First Defendant/First Applicant) Perpetual Trustee Company Ltd ACN 000 001 007 (Second Defendant/Second Applicant) Louise Meng Li Sijabat and Nick Combis in their capacities as joint and several receivers of Elip Pty Ltd (Third Defendant/Third Applicant) Representation: Counsel:
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