Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2018] NSWCA 271

Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2018] NSWCA 271

Security for costs is warranted due to appellant's uncertain financial position; $85,000 security by way of caveatable interest is appropriate; additional security may be sought if leave to call further evidence is granted.

Parties
Applicant: Comlin Holdings Pty Ltd; First Respondent: Metlej Developments Pty Ltd; Second Respondent: Nova Scotia Developments Pty Ltd; Third Respondent: Kayrouz Constructions Pty Ltd; Fourth Respondent: L.A.D.S. Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
12 November 2018
Procedural Posture
Appeal / Interlocutory Application for Security for Costs and Leave to Adduce Further Evidence
Outcome
Appeal stayed pending provision of security for costs; orders as per reasons.
Legal Topics
Appeal, Security for Costs, Application to Call Further Evidence
Civil Procedure Appeal Security for Costs Application to Call Further Evidence

Case Brief

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Parties

Comlin Holdings Pty Ltd

Applicant

Metlej Developments Pty Ltd

First Respondent

Nova Scotia Developments Pty Ltd

Second Respondent

Kayrouz Constructions Pty Ltd

Third Respondent

L.A.D.S. Developments Pty Ltd

Fourth Respondent

Procedural Posture

Appeal / Interlocutory Application for Security for Costs and Leave to Adduce Further Evidence

Legal Issues

  1. 1 Whether the appellant is likely to meet an adverse costs order in the appeal
  2. 2 Whether security for costs should be ordered and in what amount
  3. 3 Whether a director of the appellant may offer security over property

Ratio Decidendi

Security for costs is warranted due to appellant's uncertain financial position; $85,000 security by way of caveatable interest is appropriate; additional security may be sought if leave to call further evidence is granted.

Court Disposition

Appeal stayed pending provision of security for costs; orders as per reasons.

Orders

  • Appeal stayed pending appellant giving security in the amount of $85,000 by way of caveatable interest over one property of Mrs Bassil.
  • Liberty to first and second respondents to apply to increase security in event further evidence is permitted.