NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wise & Young Pty Ltd v Culley [2020] NSWSC 1139 Hearing dates: 21 August 2020 Date of orders: 24 August 2020 Decision date: 24 August 2020 Jurisdiction: Equity Before: Parker J Decision: See [28] Catchwords: EQUITY – trusts and trustees – loan to pay security for costs order – whether giving rise to Quistclose trust CIVIL PROCEDURE – monies in court – order for security for costs with self-executing order for dismissal – plaintiff pays money into court after deadline – proceedings dismissed and defendant obtains judgment for costs – exercise of the court's discretion to pay money to defendant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 41.3 Cases Cited: Barclays Bank Limited v Quistclose Investments Ltd [1970] AC 567 JKB Holdings Pty Ltd v de la Vega [2013] NSWSC 501 Raulfs v Fishy Bite Pty Ltd [2012] NSWCA 135 Twinsectra Ltd v Yardley [2002] 2 AC 164 Category: Procedural and other rulings Parties: Wise & Young Pty Ltd (Plaintiff) Darren William Culley (Defendant) Defined Property Pty Ltd (interested party) Representation: Advocates: M Castle (counsel) (Plaintiff) J Cook (counsel) (Defendant) G Adelstein (solicitor) (interested party)
Solicitors: Adelstein Solicitors (Plaintiff) Fortis Law Group (Defendant) File Number(s): 2018/117056 Publication restriction: Nil
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