NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rove Estate Pty Ltd v Chomp Excavation and Demolition Pty Ltd [2020] NSWSC 1839 Hearing dates: 15 December 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Security for costs to be ordered Catchwords: COSTS – security for costs – where plaintiff a trustee with right of indemnity from trust assets – only current asset of trust an unsecured loan to another trust – whether plaintiff has shown it will have recourse to trustee property Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Binetter v Binetter [2020] NSWSC 552 Funds First Pty Ltd v Owners Corporation Strata Plan 66609 (No 2) [2008] NSWSC 428 Laundry Coin-Wash Nominees Pty Ltd v Dunlop Olympic Ltd (1985) 7 ATPR 40-584 Transocean Capital Pty Ltd v AFSIG Pty Ltd [2006] NSWSC 806 Category: Procedural and other rulings Parties: Rove Estate Pty Ltd atf Lane Cove Estate Trust (Plaintiff) Chomp Excavations & Demolition Pty Ltd (First Defendant) Haulbuild Pty Ltd (Third Defendant) George Abousleiman (Eighth Defendant) Representation: Counsel: F Corsaro SC (Plaintiff) S Mihalatos, Solicitor (First Defendant) L Pordeli, Solicitor (Third Defendant) I G A Archibald (Eighth Defendant)
Solicitors: Memcorp Lawyers (Plaintiff) Mihalatos & Associates (First Defendant) Concordia Legal (Third Defendant) Harrington Lawyers (Eighth Defendant) File Number(s): 2019/381976
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