Cassaniti v Katavic [2022] NSWCA 230

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cassaniti v Katavic [2022] NSWCA 230 Hearing dates: 7 November 2022 Date of orders: 10 November 2022 Decision date: 10 November 2022 Before: Macfarlan JA Decision: (1) Order the appellants to provide security for the respondents' costs of and incidental to the concurrent hearing of the appeal and the application for leave to appeal by payment into Court of the sum of $75,000 (including GST) within 10 working days of the making of this order. (2) To the extent that the second respondent is restrained by the undertaking, proffered during the hearing in the Court below, from using funds paid into Court to pay its reasonable legal costs of defending the appeal proceedings, order that the second respondent be released from that undertaking. (3) Order that the funds held in Court for Antalija Developments No 4 Pty Ltd, as trustee for the Antalija Unit Trust, be paid out of Court to the trustee, in such amounts as the trustee states to the Registrar of the Court that it considers necessary and appropriate for payment of its reasonable legal costs of the appeal proceedings. (4) Order that the parties' costs of the respondents' notice of motion be costs in the appeal. Catchwords: APPEAL – security for costs of appeal – UCPR r 51.50 – "special circumstances" found to exist – one appellant acting as representative only – evidence and findings of fraudulent activity of other appellant – doubt that appellants could satisfy adverse costs order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 In the matter of Australian Style Holdings Pty Ltd as trustee of The Australian Style Investments Unit Trust [2018] NSWSC 1368 The Cleaning Doctor NSW Pty Ltd v Fonseca [2022] NSWCA 157 Category: Procedural rulings Parties: Sam Cassaniti (First Appellant) Nancy Morvillo (Second Appellant)