Alexandria 1 Pty Ltd v Echelon Property Management Pty Ltd [2014] NSWCA 413

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Alexandria 1 Pty Ltd v Echelon Property Management Pty Ltd [2014] NSWCA 413 Hearing dates: 17 November 2014 Decision date: 17 November 2014 Before: Ward JA Decision: 1. The First Appellant, Echelon Property Management Pty Ltd, provide security for costs for the First, Second and Third Respondents' costs of the appeal in two tranches: (a) within 14 days the amount of $22,944.00 by payment into Court or by bank guarantee in a form acceptable to the First, Second and Third Respondents; (b) the amount of $8,560 by payment into Court or by bank guarantee in a form acceptable to the First, Second and Third Respondents, within 5 business days of the date on which the Court makes an order setting down this appeal for final hearing. 2. In default of the First Appellant providing security in accordance with either Order 1(a) or Order 1(b), the proceedings be stayed forthwith as against the First, Second and Third Respondents. 3. Note that above orders are without prejudice to the ability of the First, Second and Third Respondents to make any further applications for security for costs. 4. Order that the First Appellant provide security for costs of the Fourth Respondent in the amount of $18,000 by payment into Court or by bank guarantee in a form acceptable to the Fourth Respondent, within 14 days. 5. In default of compliance with Order 4 above, proceedings against Fourth Respondent be stayed. 5A. Note that orders 4 and 5 are without prejudice to the ability of the Fourth Respondent to make any further applications for security for costs. 6. The First Appellant to pay costs of the First, Second and Third Respondents and of the Fourth Respondent respectively, of and incidental to this application as agreed or assessed. 7. Direct the legal representative of the Appellant to notify the Appellants of the outcome of the Respondents' applications for security for costs and the consequences for the conduct of the appeal of default in compliance therewith. 8. Leave to solicitors for Appellant to file in Court two Notices of Ceasing To Act of Alex Ronayne of Ronayne Lawyers. 9. Stand matter over for directions before Registrar on 8 December 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - costs - security for costs -whether special circumstances established pursuant to r 51.50 UCPR Legislation Cited: Corporations Act 2001 (Cth) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arkbay Investments Pty Limited (In Liquidation) (Receivers and Managers Appointed) v Echelon Property Management Pty Ltd [2014] NSWSC 444 Arkbay Investments Pty Limited (In Liquidation) (Receivers and Managers Appointed) v Echelon Property Management Pty Ltd (No 2) [2014] NSWSC 572 Distinctive FX 9 Pty Ltd v Statewide Developments Pty Ltd [2012] NSWCA 393; (2012) 30 ACLC 12-063 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Porter v Gordian Runoff Ltd [2004] NSWCA 171 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Transglobal Capital Pty Ltd v Yolarna Pty Ltd [2004] NSWCA 171; (2004) 60 NSWLR 143 Category: Principal judgment Parties: Echelon Property Management Pty Ltd (First Appellant) Ian Lazar (Second Appellant) Arkbay Investments Pty Ltd (First Respondent) McEvoy St Alexandria Pty Ltd (Second Respondent) Australia and New Zealand Banking Group (Third Respondent) Alexandria 1 Pty Ltd (Fourth Respondent) Representation: Counsel: A Ronayne (Solicitor) (Appellants) M R Tyson (First to Third Respondents) G A Moore (Fourth Respondent) Solicitors: Ronayne Solicitors (Appellants) Allens (First to Third Respondents) File Number(s): CA 2014/00167304 Decision under appeal Citation: [2014] NSWSC 572 Date of Decision: 2014-05-07 00:00:00 Before: Brereton J File Number(s): 2014/00080714