PA Putney Finance Pty Limited v Aalders and Anor [2020] NSWSC 305

Supreme Court New South Wales

Medium Neutral Citation: PA Putney Finance Pty Limited v Aalders and Anor [2020] NSWSC 305 Hearing dates: 25 February 2020 Date of orders: 01 April 2020 Decision date: 01 April 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) The plaintiffs' notice of motion filed on 11 September 2019 is dismissed. (2) The plaintiffs are to pay the defendants' costs of the 11 September 2019 notice of motion on the ordinary basis forthwith. (3) The defendants' notice of motion filed on 4 October 2019 be granted and by consent and without admissions the plaintiffs are to pay security for the defendants' costs of the proceedings by way of payment into Court in the sum of $50,000 on or before 30 April 2020. (4) The defendants' notice of motion filed on 4 October 2019 is otherwise dismissed. (5) The parties' costs of the 4 October 2019 notice of motion be the costs in the cause. (6) The costs order made on 25 February 2019 is varied as follows. The plaintiffs are to pay the defendants' costs of the 18 February 2020 motion on the ordinary basis forthwith. Catchwords: CIVIL PROCEDURE - Registrars - review of Registrar's decision - refusal to set aside a notice to produce and subpoena - motions arising from alleged breach of settlement agreement - many interlocutory skirmishes - application for freezing order - security for costs - appropriate costs order when motions withdrawn or dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Civil Procedure Act 2005 (NSW), s 98(1)(a) Corporations Act 2001 (Cth), s 1335 Home Building Act 1989 (NSW), s 48K Limitation Act 1969 (NSW) Supreme Court Act 1970 (NSW), s 75A(5) Uniform Civil Procedure Rules 2005 (NSW), r 12.1, r 42.21, r 42.21(d), r 29.19, r 49.2, r 59, r 59.11 Cases Cited: Bale v Mills (2011) 81 NSWLR 498; [2011] NSWCA 226 Briginshaw v Briginshaw (1938) 60 CLR 336 at 361–362; [1938] HCA 3. Colgate-Palmolive v Cussons (1993) 46 FCR 225; [1993] FCA 801 Fiduciary Ltd & Anor v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 Fountain Selected Meat (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 364 Frigo v Culhaci (Court of Appeal (NSW), 17 July 1998, unreported) Ghosh v Ninemsn Pty Limited [2014] NSWCA 121 Hamod v State of New South Wales (2002) 188 ALR 659; [2002] FCA 424; [2002] FACFC 97 Insurance Australia Ltd v Dent [2019] NSWCA 134 Lake v Crawford (No 2) [2010] NSWSC 419 Luo v Carbone [2019] NSWSC 830 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Patterson v BTR Engineering (Aust) (1989) 18 NSWLR 319 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Suzhou Haishun Investment Management Co Ltd v Yue'e Zhao (Ruling No 2) [2018] VSC 144 Tomko v Plasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: PA Putney Finance Australia Pty Limited (First Plaintiff) PA Putney Custodians Pty Limited (Second Plaintiff) PA Putney Finance Pty Limited (Third Plaintiff)