National Australia Bank Limited v Lavin [2011] NSWSC 440

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Lavin [2011] NSWSC 440 Hearing dates: 10 May 2011, 11 May 2011 Decision date: 17 May 2011 Jurisdiction: Appeal Panel - Internal Before: Schmidt J Decision: The parties have not addressed on the final form of the orders to be made. They should provide short minutes, which reflect the conclusions which I have reached in relation to the two motions, particularly that the amount to be paid into Court as the reasonable estimate of the Bank's future costs of the proceedings is $343,000. Catchwords: PROCEDURE - notice of motion - reasonable security of costs for future litigation sought - notice of motion leave to re-open - leave granted - reasonable costs assessed Legislation Cited: Civil Procedure Act 2005 Conveyancing Act 1919 Corporations Act 2001 (Cth) Cases Cited: Estoril Investments Pty limited v Westpac Banking Corporation (1993) 6 BPR 13146 Kyabram Property Investments v Murray [2005] NSWCA 87 Maniotis v JH Lever & Co Pty Ltd [2006] FCAFC 7 Overton Investments Pty Ltd v Cuzeno RVM Pty Ltd [2003] NSWCA 27 Category: Procedural and other rulings Parties: National Australia Bank Limited (Plaintiff) Dolores Lavin (First Defendant) Neil Cunningham (Second Defendant) Paola Toppi (Third Defendant) Dolores Lavin Management Pty Ltd (ACN 077 840 003) (Fourth Defendant) Luxe Productions Pty Ltd (ACN 118 164 355) (Fifth Defendant) Luxe Studios Pty Ltd (ACN 116 330 253) (Sixth Defendant) Representation: Counsel: Mr DC Price (Plaintiff) Mr M Pesman (Second and Third Defendants) Solicitors: DibbsBarker (Plaintiff) Beazley Singleton Lawyers (Second and Third Defendants) File Number(s): 2010/150034