Silversides Super Fund Pty Limited v Silverstate Developments Pty Limited [2010] NSWSC 15

New South Wales Supreme Court

CITATION : Silversides Super Fund Pty Limited v Silverstate Developments Pty Limited [2010] NSWSC 15

HEARING DATE(S) : 13 August 2009

JUDGMENT DATE : 1 February 2010

JUDGMENT OF : McLaughlin AsJ

1. I order that Tyranis Pty Limited and C A Tyranis Pty Limited, each provide security for the costs of the Cross-defendants, each such security to be in the sum of $28,000 and to be provided in a form acceptable to the Registrar, and that if such security not be provided within 28 days of the date hereof the proceedings by each of those said Cross-claimants be stayed until such security be provided. 2. I order that the Cross-claimants on or before 15 February 2010 file and serve a verified list of documents in respect to the documents referred to in the summary of documents compiled by Mr Mark Wellar and referred to in his affidavit sworn on 5 March 2009, and in annexures B and C thereto. DECISION : 3. I reserve to the Plaintiffs/Cross-defendants liberty to apply in respect to the filing and serving of any additional verified list of documents by the Cross-claimants. 4. I order that the notice of motion filed by the Plaintiffs/ Cross-defendants on 26 February 2009 be otherwise dismissed. 5. I make no order as to the costs of the aforesaid notice of motion, to the intent that each party thereto shall bear his or its own costs thereof. 6. The exhibits may be returned.

CATCHWORDS : PRACTICE AND PROCEDURE - application for payment of moneys held in a controlled moneys account - impounding of trust property by a trustee - security for costs - discovery

LEGISLATION CITED : Uniform Civil Procedure Rules Trustee Act 1925