Precious 1 Pty Ltd v Chamberlain Early Learning Centre Pty Ltd [2017] NSWCA 259

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Precious 1 Pty Ltd v Chamberlain Early Learning Centre Pty Ltd [2017] NSWCA 259 Hearing dates: 9 October 2017 Date of orders: 13 October 2017 Decision date: 13 October 2017 Before: Macfarlan JA Decision: The respondent's notice of motion is dismissed with costs. Catchwords: APPEAL – application for security for costs – s 1335(1) Corporations Act 2001 (Cth) – corporate trustee with right of indemnity – evidence does not indicate that the appellant would be unable to pay costs if unsuccessful on appeal – notice of motion dismissed Legislation Cited: Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) s 1335(1) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beach Petroleum NL v Johnson (1992) 7 ACSR 203 CGU Insurance Ltd v One.Tel Ltd (in liq) (2010) 242 CLR 174; [2010] HCA 26 Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd (2008) 74 NSWLR 550; [2008] NSWSC 1344 Livingspring Pty Ltd v Kliger Partners (2008) 20 VR 377; [2008] VSCA 93 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 Category: Procedural and other rulings Parties: Precious 1 Pty Ltd (Applicant) Chamberlain Early Learning Centre Pty Ltd (Respondent) Representation: Counsel: A Macauley (Applicant) V Bedrossian (Respondent)

Solicitors: David Legal (Applicant) Etheringtons (Respondent) File Number(s): CA 2017/163393 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2017] NSWSC 189 and [2017] NSWSC 520 Date of Decision: 9 March 2017 and 5 May 2017 Before: Emmett AJA File Number(s): SC 2016/210312