Davis v Halliday Financial Management Pty Ltd [2016] NSWSC 494

Supreme Court New South Wales

Medium Neutral Citation: Davis v Halliday Financial Management Pty Ltd [2016] NSWSC 494 Hearing dates: 19 February and 15 April 2016 Decision date: 22 April 2016 Jurisdiction: Equity Before: Stevenson J Decision: (1) Set aside the orders of 19 February 2016. (2) The third defendant pay the third plaintiff's costs of the third defendant's notice of motion of 4 August 2015 from 10 August 2015. (3) The fourth, fifth and sixth plaintiffs pay the third defendant's costs of the motion from 14 January 2016. (4) Otherwise the costs of the motion be the third defendant's costs in the cause. (5) The motion be otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – security for costs – what orders should be made concerning the costs of the application for security – whether earlier orders should be set aside and the question reconsidered on basis that the parties were not heard in full Legislation Cited: Suitors Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; 176 CLR 300 Ken Tugrul v Tarrants Financial Consultants Pty Ltd (No 4) [2014] NSWSC 291 Category: Procedural and other rulings Parties: John Hart (Applicant/Third Defendant) Albatross Investments Pty Ltd (Respondent/Third Plaintiff) Zambo Pty Ltd as trustee for The William Cooke Superannuation Fund (Respondent/Fourth Plaintiff) Nick Falloon and Diane Falloon as trustees for the Falloon Family Trust (Respondent/Fifth Plaintiff) Mann SuperCo Pty Ltd as trustees for the Mann Family Superannuation Fund (Respondent/Sixth Plaintiff) Representation: Counsel: C N Bova (Applicant /Third Defendant) S E Gray with M Fernandes (Respondents/Third, Fourth, Fifth and Sixth Plaintiffs)