Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2018] NSWCA 271

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2018] NSWCA 271 Hearing dates: 12 November 2018 Decision date: 12 November 2018 Before: Basten JA Decision: (1) Order that the appeal be stayed pending the appellant giving security in an amount of $85,000 by way of a caveatable interest over one of the properties in the ownership of Mrs Bassil.

(2) Reserve liberty to the first and second respondents to apply to increase that amount in the event that the appellant is permitted to call further evidence.

(3) Direct that the parties obtain a date from the Registrar for the hearing of the appellant's motion for leave to call further evidence, to be listed in advance of the appeal.

(4) Costs of today to be costs in the appeal.

(5) Liberty to apply if there is an impasse as to the form of the security. Catchwords: CIVIL PROCEDURE – appeal – security for costs – whether appellant likely to meet an adverse costs order – appellant a trustee – director offering security over property

CIVIL PROCEDURE – appeal – application to call further evidence – likely effect on costs of appeal – direction that motion be heard before the date for hearing the appeal Category: Procedural and other rulings Parties: Comlin Holdings Pty Ltd (Applicant) Metlej Developments Pty Ltd (First Respondent) Nova Scotia Developments Pty Ltd (Second Respondent) Kayrouz Constructions Pty Ltd (Third Respondent) L.A.D.S. Developments Pty Ltd (Fourth Respondent) Representation: Counsel: Mr P King (Applicant) Mr L Gor (First and Second Respondents)