NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lachlan AB Pty Ltd v Brisull Investments (Forbes) Pty Ltd [2024] NSWSC 133 Decision date: 13 February 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: Motion is dismissed; see [28]. Catchwords: COSTS – Security for costs – Review of registrar decision – Court's discretion – Discretion to intervene in Registrar decision – Whether solicitors standing behind litigation – Whether beneficiaries of a trust obtaining benefit of litigation Cases Cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Cornelius v Global Medical Solutions Australia Pty Ltd [2014] NSWCA 65 Lawrence v Sammut (No 5) [2023] NSWSC 1476 Longjing Pty Ltd v Perpetual Nominees Ltd [2017] NSWSC 1690 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Category: Costs Parties: Lachlan AB Pty Ltd a trustee of the Lachlan AB Trust (Plaintiff) Brisull Investments (Forbes) Pty Ltd as trustee for the Bridull Forbes Trust (First Defendant) Brisull Investments Pty Ltd (Second Defendant) Robert John Britt (Third Defendant) Representation: Counsel: P Gaffney (Plaintiff) F Maghami (Defendants)
Solicitors: Malcolm Murray & Associates (Plaintiff) Solve Legal (Defendants) File Number(s): 2023/00173587 Publication restriction: Nil
Ex Tempore Judgment 1. The defendants move on a notice of motion filed on 22 November 2023 seeking review of the Registrar's decision dated 25 October 2023. In a reserved judgment of 67 paragraphs, the Registrar dismissed the defendants' original application for security for costs. I do not repeat the facts as outlined in that decision, but adopt them in circumstances where no party raises any complaint as to their accuracy. Therefore, that decision ought to be read in the context of these reasons. 2. For the following reasons I consider the defendants' application ought to be dismissed. In doing so, I adopt many of the submissions, both oral and written, made by Mr Gaffney, counsel for the plaintiff.
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