O’Keefe v Integral Corporate Property Pty Ltd & Ors [2021] NSWSC 1219

Supreme Court New South Wales

Medium Neutral Citation: O'Keefe v Integral Corporate Property Pty Ltd & Ors [2021] NSWSC 1219 Hearing dates: 21 June 2021 Date of orders: 27 September 2021 Decision date: 27 September 2021 Jurisdiction: Equity Before: Slattery J Decision: No order for security for costs made against the plaintiff. Orders made against the third, fourth and fifth defendants restraining them from dealing with various interests. Freezing orders against the first and second defendants and additional defendants not reinstated. Catchwords: SECURITY FOR COSTS – Uniform Civil Procedure Rules 2005 r 42.21(1)(e) – inherent jurisdiction of the Court to order security for costs against a natural person – first and second defendants apply by Motion for an order for security for their costs – plaintiff accepts he is impecunious and will not have sufficient means to meet a costs order if he is unsuccessful in the proceedings – whether the plaintiff is suing for his own benefit or for the benefit of some other person – whether an order for security for costs should be made and if so in what amount. INTERLOCUTORY RELIEF – freezing orders – freezing orders made at the outset of the proceedings against the first and second defendants but later dissolved after a contested hearing – application for the restoration of freezing orders against the first and second defendants on the basis of alleged further evidence – similar application brought and settled by consent on 23 March 2021 – whether fresh evidence since then warrants the restoration of the original freezing orders – whether freezing orders should be made against other defendants joined to the proceeding since the making of the consent orders. Legislation Cited: Civil Procedure Act 2005, s 26 Residential Tenancies Act 2010 Uniform Civil Procedure Rules 2005, r 42.21(1)(e) Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Barnes v Addy (1874) LR 9 Ch App 244 Brimaud v Honeysett Instant Print Pty Ltd (1988) 214 ALR 44 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Clayton Utz v Dale (2015) 47 VR 48 Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892 Frigo v Culhaci [1998] NSWCA 88 Graham O'Keefe v Integral Corporate Property Pty Ltd [2020] NSWCATAP 76 Jackson v Stirling Industries Ltd (1987) 162 CLR 612 O'Keefe v Integral Corporate Property Pty Limited [2021] NSWSC 46 O'Keefe v Integral Corporate Property Pty Ltd [2020] NSWSC 737 Oshlack v Richmond River Council (1998) 193 CLR 72 Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 2) [2020] NSWSC 745 Parbert v QNI Metals Pty Ltd (2018) 358 ALR 88 Rajski and Another v Computer Manufacture & Design Pty Ltd and Others [1982] 2 NSWLR 443 Ramsey v Hartley [1977] 2 All ER 673 Texts Cited: Practice Note SC Eq 11 Category: Procedural rulings Parties: First Plaintiff: Graham Colin O'Keefe Second Plaintiff: Graham Colin O'Keefe as assignee of the Trustee in Bankruptcy First Defendant: Integral Corporate Property Pty Limited ACN 166 360 550 Second Defendant: James George Petersen (also known as George Kekatos) Third Defendant: K&T Services Pty Limited Fourth Defendant: Cheryl Joanne Thrush Fifth Defendant: Perpetual Business Services Pty Limited Representation: Counsel: Plaintiffs: E Cohen Defendants: D Allen