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

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

The orders of 19 February 2016 were set aside because the third defendant (Mr Hart) was not given a proper opportunity to be heard on costs, and the costs of the underlying security for costs motion were then allocated according to what was reasonable in light of the parties' conduct and offers, as assessed by the court after full submissions.

Parties
Third Defendant / Applicant: John Hart; Third Plaintiff / Respondent: Albatross Investments Pty Ltd; Fourth Plaintiff / Respondent: Zambo Pty Ltd as trustee for The William Cooke Superannuation Fund; Fifth Plaintiff / Respondent: Nick Falloon and Diane Falloon as trustees for the Falloon Family Trust; Sixth Plaintiff / Respondent: Mann SuperCo Pty Ltd as trustees for the Mann Family Superannuation Fund
Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Notice of Motion (costs/security for Costs) in Equity Proceedings / Application to Set Aside Earlier Orders Regarding Costs on Notice of Motion for Security for Costs
Outcome
Orders of 19 February 2016 set aside; costs orders as specified; motion otherwise dismissed.
Legal Topics
Costs, Security for Costs, Setting Aside Orders
Practice and Procedure Costs Security for Costs Setting Aside Orders

Case Brief

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Parties

John Hart

Third Defendant / Applicant

Albatross Investments Pty Ltd

Third Plaintiff / Respondent

Zambo Pty Ltd as trustee for The William Cooke Superannuation Fund

Fourth Plaintiff / Respondent

Nick Falloon and Diane Falloon as trustees for the Falloon Family Trust

Fifth Plaintiff / Respondent

Mann SuperCo Pty Ltd as trustees for the Mann Family Superannuation Fund

Sixth Plaintiff / Respondent

Procedural Posture

Notice of Motion (costs/security for Costs) in Equity Proceedings / Application to Set Aside Earlier Orders Regarding Costs on Notice of Motion for Security for Costs

Legal Issues

  1. 1 What costs orders are appropriate on an application for security for costs resolved by undertakings
  2. 2 Whether an earlier costs order should be set aside and reconsidered because parties were not fully heard

Ratio Decidendi

The orders of 19 February 2016 were set aside because the third defendant (Mr Hart) was not given a proper opportunity to be heard on costs, and the costs of the underlying security for costs motion were then allocated according to what was reasonable in light of the parties' conduct and offers, as assessed by the court after full submissions.

Court Disposition

Orders of 19 February 2016 set aside; costs orders as specified; motion otherwise dismissed.

Orders

  • Orders of 19 February 2016 set aside.
  • The third defendant (Mr Hart) pay the third plaintiff's (Albatross Investments Pty Ltd) costs of the third defendant's notice of motion of 4 August 2015 from 10 August 2015.