Barnden v Zulian; Barnden v Commissioner of Taxation [2018] NSWSC 1980

Supreme Court New South Wales

Medium Neutral Citation: Barnden v Zulian; Barnden v Commissioner of Taxation [2018] NSWSC 1980 Hearing dates: 21 November 2018; further written submissions ending 30 November 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: In the matter number 2017/112239:

(1) Order that the defendant's Interlocutory Process filed 10 August 2018 be dismissed. (2) Order that the defendant pay the plaintiffs' costs of that Interlocutory Process.

In the matter number 2017/112250:

(1) Order that the second defendant's Interlocutory Process filed 10 August 2018 be dismissed. (2) Order that the second defendant pay the plaintiffs' costs of that Interlocutory Process. Catchwords: PRACTICE AND PROCEDURE – applications – security for costs order – general principles as to ordering security for costs against plaintiff liquidator – whether there is reason to believe that the liquidator will be unable to meet an adverse cost order – relevance of professional indemnity insurance – onus on party making the application to show there is a "reason to believe" the other party will not meet an adverse cost order

ESTOPPEL – issue estoppel – where first application for security for costs settled by consent orders – where consent orders provided for the plaintiff to furnish security – second application made for security for costs – whether an issue estoppel arose to preclude the plaintiff from denying "liability" in the second application to furnish further security