SHAKE VOSKIAN & ORS v ZAREH JAMGOTCHIAN [2010] NSWSC 610

New South Wales Supreme Court

CITATION : SHAKE VOSKIAN & ORS v ZAREH JAMGOTCHIAN [2010] NSWSC 610

HEARING DATE(S) : 04/06/2010

JUDGMENT DATE : 4 June 2010

JURISDICTION : Equity

JUDGMENT OF : Pembroke J

EX TEMPORE JUDGMENT DATE : 4 June 2010

DECISION : See paragraphs 22 and 23 of Judgment

CATCHWORDS : SECURITY FOR COSTS - Plaintiffs' case - whether with merit - consideration of strength of case - whether good faith - impecuniosity - real estate security available

CATEGORY : Procedural and other rulings

Gentry Bros Pty Ltd v Wilson Brown & Associates Pty Ltd & Ors (1992) 8 ACSR 405 CASES CITED : Merribee Pastoral Industries Pty Ltd & Ors v Australia & New Zealand Banking Group Ltd (1998) 193 CLR 502 Sharjade v Darwinia Estate & Anor [2006] NSWSC 708

Shake Voskian - First Plaintiff Leina Voskian - Second Plaintiff PARTIES : Suzy Touloudjian - Third Plaintiff Johnny Habchi - Fourth Plaintiff Zareh Jamgotchian - Defendant

FILE NUMBER(S) : SC 2009/287529

R Steward - Defendant (Applicant on the Motion) COUNSEL : M Willmott SC with him M J Claridge - Plaintiffs (Respondents on the Motion)

SOLICITORS : Kazi Portolesi Lawyers (Plaintiffs) Prime Lawyers (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

PEMBROKE J

Friday, 4 June 2010

2009/287529 – SHAKE VOSKIAN & ORS v ZAREH JAMGOTCHIAN

EX TEMPORE JUDGMENT

1 HIS HONOUR: This is an application brought by notice of motion filed on 9 February 2010 by the defendant. The defendant seeks, in substance, security for costs in the sum of $100,000 and an order for the production of an original document held in Lebanon so that it may be examined forensically. 2 The plaintiffs are persons who claim to be entitled to an interest in property of which Miram Voskian (the deceased) was the registered proprietor. The deceased died on 14 May 2007. By her last will and testament, made on 7 August 2006, she appointed the defendant her sole executor and trustee and gave the whole of her estate to the defendant. The probate of the will indicates that the sole property in the estate is the house property at 262 Trafalgar Street, Annandale. The estimated value of that property, in the inventory attached to the probate, is $600,000. The deceased became the registered proprietor of the Annandale property on 14 November 1969. The purchase price was $9,050. The mortgage in favour of the Commonwealth Bank indicates that a loan of $3,500 was advanced to her. 3 The plaintiffs contend that, of the purchase price of $9,050, the deceased contributed 25 per cent and her late brother, Garabed Voskian, contributed 75 per cent. The plaintiffs allege that the property was held on a resulting trust for Garabed as to 75 per cent. They claim through him.