Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 4) [2023] NSWSC 1260

Supreme Court New South Wales

Medium Neutral Citation: Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 4) [2023] NSWSC 1260 Hearing dates: On the papers Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Equity Before: Robb J Decision: The Court's orders are: (1) Order that the notice of motion filed by the fifth defendant on 30 June 2023 be dismissed. (2) Order the fifth defendant to pay the third plaintiff's costs of the notice of motion. Catchwords: EQUITY — trusts and trustees — powers, duties, rights and liabilities – where bare trustee sought indemnity for costs out of assets of discretionary trust – where no interested party joined to proceedings – whether trustee's personal liability for costs order should be limited to assets of discretionary trust – held that the Court has no discretion to limit the personal liability of a trustee for a costs order to the assets of a trust Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), Pt 36 r 16 Cases Cited: Carter Holt Harvey Wood Products Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; [2019] HCA 20 Coastwide Fabrication & Erection Pty Ltd v Honeysett (No 2) [2009] NSWCA 291 Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd (No 3) [2023] NSWSC 304 Category: Consequential orders Parties: Reliance Financial Services Pty Ltd (First Plaintiff) Nancy Morvillo (Second Plaintiff) Marginata Securities Pty Ltd (Third Plaintiff) Accolade Advisory Pty Ltd (Fourth Plaintiff) Antalija Developments No 4 Pty Ltd (First Defendant) Antalija Constructions Pty Ltd (Second Defendant) Dennis Katavic (Third Defendant) Jocelyn Katavic (Fourth Defendant) Sue Price-Arcidiacono (Fifth Defendant) Representation: Counsel: D Allen (Plaintiffs) WDB Buckland (Fifth Defendant)