Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 2) [2020] NSWSC 745

Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 2) [2020] NSWSC 745

Defendants failed to establish a rational basis for believing plaintiffs divested assets with intention to defeat this proceeding; evidence insufficient to permit quantum determination for security; security for damages undertaking cannot be ordered retrospectively; other interlocutory and final relief not properly pressed or is not appropriate for determination on interlocutory motion. The defendants' Further Amended Notice of Motion is dismissed.

Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Civil / Interlocutory Application (determined on the Papers Before Final Hearing)
Outcome
Further Amended Notice of Motion filed by defendants dismissed.
Legal Topics
['interlocutory Injunction' 'security for Costs' 'security for Damages Undertaking' 'affidavit Evidence From Other Proceedings' 'summary Disposal' 'declaratory Relief' 'consent Orders' 'variation of Interlocutory Injunction' 'costs Orders']
['equity' 'civil Procedure'] ['interlocutory Injunction' 'security for Costs' 'security for Damages Undertaking' 'affidavit Evidence From Other Proceedings' 'summary Disposal' 'declaratory Relief' 'consent Orders' 'variation of Interlocutory Injunction' 'costs Orders']

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Procedural Posture

Civil / Interlocutory Application (determined on the Papers Before Final Hearing)

Legal Issues

  1. 1 ['Whether plaintiffs should provide security for costs or for the undertaking as to damages supporting an interlocutory injunction' 'Whether affidavits filed in other proceedings may be relied upon in these proceedings under Uniform Civil Procedure Rules 2005 (NSW) r 31.9' 'Whether the consent orders for interlocutory injunction (and payment of sale proceeds into court) should be varied or discharged' 'Whether the pleadings disclose a reasonable cause of action justifying summary disposal' 'Whether various forms of declaratory, procedural, and costs relief should be granted']

Ratio Decidendi

Defendants failed to establish a rational basis for believing plaintiffs divested assets with intention to defeat this proceeding; evidence insufficient to permit quantum determination for security; security for damages undertaking cannot be ordered retrospectively; other interlocutory and final relief not properly pressed or is not appropriate for determination on interlocutory motion. The defendants' Further Amended Notice of Motion is dismissed.

Court Disposition

Further Amended Notice of Motion filed by defendants dismissed.

Orders

  • ['Order that the Further Amended Notice of Motion filed by the defendants on 30 August 2019 is dismissed.' 'Costs reserved.']