Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 205

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 205 Hearing dates: 13 July 2015 Decision date: 13 July 2015 Before: Basten JA Decision: 1. Dismiss the respondent's motion of 16 June 2015.

2. Direct that the costs of the motion be costs in the proceedings.

3. Direct that the applicants file and serve a further amended summons by 20 July 2015 (without marking the changes).

4. Direct that the applicants file and serve written submissions in support of the summons by 27 July 2015.

5. Direct that the respondent file and serve written submissions in response by 3 August 2015.

6. Note that the summons is listed for hearing on 20 August 2015. Catchwords: PROCEDURE – security for costs – summons in supervisory jurisdiction – corporate and individual applicants – half day hearing to occur in one month – limited evidence of impecuniosity of corporate applicant – no evidence of factors under UCPR r 42.21 – no evidence of likely costs Legislation Cited: Corporations Act 2001 (Cth), s 1335 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 42.21, 51.50, 59.4 Cases Cited: Jazabas Pty Ltd v Haddad [2007] NSWCA 291; 65 ACSR 276 Category: Procedural and other rulings Parties: Tonab Investments Pty Ltd (First Applicant) Maria Bechara (Second Applicant) Optima Developments Pty Ltd (Respondent) Representation: Counsel: Mr A E Maroya (Applicants)