Byrne Lewis Group Pty Limited v Australia and New Zealand Banking Group Ltd [2014] NSWSC 172

Supreme Court New South Wales

Medium Neutral Citation: Byrne Lewis Group Pty Limited v Australia and New Zealand Banking Group Ltd [2014] NSWSC 172 Hearing dates: 28 February 2014 Decision date: 23 May 2014 Jurisdiction: Common Law Before: Davies J Decision: The parties should bring in short minutes. Catchwords: COSTS - security for costs - Bank commences two sets of proceedings against individuals seeking possession of land - proceedings defended by cross-claims - cross-claims rely on dealings between Bank and a company owned by one of the defendants - claim subsequently made by company against bank - company impecunious - commonality of issues amongst all proceedings - separate damages issues relating to the company - whether security should be ordered Legislation Cited: Australian Securities and Investment Commission Act 2001 (Cth) Contracts Review Act 1980 (NSW) Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules Cases Cited: Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 Heller Factors Pty Ltd v John Arnold's Surf Shop Pty Ltd (in liq) (1979) 4 ACLR 492 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Category: Interlocutory applications Parties: Byrne Lewis Group Pty Limited (Plaintiff) Australia and New Zealand Banking Group Ltd (Defendant) Representation: Counsel: Plaintiff (S Bogan) Defendant (R Bellamy) Solicitors: Woods & Day (Plaintiff) Gadens Lawyers (Defendant) File Number(s): 2013/310215