Garslev Holdings Pty Ltd v Overdean Developments Pty Ltd [2022] NSWCA 156

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Garslev Holdings Pty Ltd v Overdean Developments Pty Ltd [2022] NSWCA 156 Hearing dates: On the papers Decision date: 18 August 2022 Before: Leeming JA Decision: Application to vary the regime for security for costs dismissed, with costs Catchwords: PRACTICE – appeals – security for costs – variation – liberty to apply – order to pay $25,000 into court or as otherwise agreed by way of security for costs – appellant unilaterally offers alternative form of security – respondent rejects offer – no basis to vary regime Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 51.50(2A) Cases Cited: Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 46 Category: Procedural rulings Parties: Garlev Holdings Pty Ltd (First Appellant) Leonardus Gerardus Smits (Second Appellant) Peter Shaj Mahommed (Third Appellant) Vestecorp Financial Services Pty Ltd (Fourth Appellant) Jacobus Johannes Smits (Fifth Appellant)

Overdean Developments Pty Ltd (First Respondent) Brian Arthur Dean (Second Respondent) BAD Nominees (NSW) Pty Ltd (Third Respondent) Representation: Counsel: L Smits (Solicitor for Appellants) D Allen (Respondents)

Solicitors: Murray Laws Pty Ltd (Appellants) Kekatos Lawyers (Respondents) File Number(s): 2021/349602 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2021] NSWSC 1482 Date of Decision: 17 November 2021 Before: Williams J File Number(s): 2018/384191