Carter v Mehmet (No 2) [2021] NSWCA 333

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carter v Mehmet (No 2) [2021] NSWCA 333 Hearing dates: On the papers Date of orders: 17 December 2021 Decision date: 17 December 2021 Before: Meagher JA at [1]; Gleeson JA at [1]; Payne JA at [1] Decision: (1) The sum of $40,000 paid into Court by the appellants on 29 July 2021 be released to the appellants forthwith; (2) The respondents pay the costs of the appellants of the motion seeking return of the sum paid into Court as security for costs. Catchwords: COSTS — security for costs — where appellants provided security for respondents' costs of the appeal — where appeal allowed — order for release of sum paid as security Cases Cited: Carter v Mehmet [2021] NSWCA 286 Murray John Carter v Ian Mehmet t/as ATF Ian G Mehmet Testamentary Trust [2021] NSWCA 32 Texts Cited: GE Dal Pont, Law of Costs (5th ed, 2021, LexisNexis) Category: Consequential orders Parties: Murray John Carter (First Appellant) The Wheel Resort Pty Ltd (Second Appellant) Cathscompany Pty Ltd (Third Appellant) Ian Mehmet t/as ATF Ian G Mehmet Testamentary Trust (First Respondent) Cameron Mehmet t/as ATF Cameron Mehmet Testamentary Trust (Second Respondent) Errol Mehmet t/as ATF Errol J Mehmet Testamentary Trust (Third Respondent) Cheers Aviation Pty Ltd t/as ATF KMCG Investment Trust (Fourth Respondent) Matthew Timothy Cheers (Fifth Respondent) Representation: Counsel: T Alexis SC, M Southwick (Appellants) DA Smallbone (Respondents)