A W Ellis Engineering Pty Ltd v Malago Pty Ltd [2011] NSWSC 1623

A W Ellis Engineering Pty Ltd v Malago Pty Ltd [2011] NSWSC 1623

No order for security should be made because the corporate plaintiffs, as trustees, have a right of indemnity from trust assets, and the individual plaintiffs have undertaken to be liable for any costs orders without limitation.

Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Interlocutory Application / Defendants' Application for Security for Costs
Outcome
Defendants' application for security for costs dismissed
Legal Topics
['security for Costs' 'trustee Right of Indemnity' 'enforcement of Mediation Agreements']
['practice and Procedure'] ['security for Costs' 'trustee Right of Indemnity' 'enforcement of Mediation Agreements']

Case Brief

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Procedural Posture

Interlocutory Application / Defendants' Application for Security for Costs

Legal Issues

  1. 1 ['Whether security for costs should be ordered against plaintiffs including individuals and corporate trustees' 'Whether individual plaintiffs are properly joined' 'Whether plaintiffs’ assets are sufficient to meet a costs order']

Ratio Decidendi

No order for security should be made because the corporate plaintiffs, as trustees, have a right of indemnity from trust assets, and the individual plaintiffs have undertaken to be liable for any costs orders without limitation.

Court Disposition

Defendants' application for security for costs dismissed

Orders

  • ['No order for security for costs']