Summer Hill Business Estate Pty Ltd v Equititrust Ltd [2011] NSWCA 192

Summer Hill Business Estate Pty Ltd v Equititrust Ltd [2011] NSWCA 192

Registrar is to call upon the guarantee pursuant to earlier orders. The stay originally granted is to be varied so as not to prevent action required by the Registrar to enforce the guarantee, and interlocutory steps are stood over to allow further material to be filed.

Parties
First Appellant: Summer Hill Business Estate Pty Ltd; Second Appellant: West Apartments Pty Ltd; Third Appellant: Demian Constructions Pty Ltd; Fourth Appellant: Shimden Pty Ltd; Fifth Appellant: CTP Pty Ltd; Sixth Appellant: Tremdell Pty Ltd; Seventh Appellant: C A R Holdings Pty Ltd; Eighth Appellant: Demian Holdings Pty Ltd; Ninth Appellant: Riverland Estate Pty Ltd; Tenth Appellant: Demian Investments Pty Ltd; Eleventh Appellant: Belgrave Holdings Pty Ltd; Respondent: Equititrust Limited
Jurisdiction
Australia
Judgment Date
04 July 2011
Procedural Posture
Appeal / Interlocutory Application in Appellate Proceedings
Outcome
Registrar directed to call upon guarantee, stay varied to that extent; certain orders stood over; timetable for filing evidence set; costs of today ordered to be costs in the motion.
Legal Topics
Interlocutory Orders, Stay of Proceedings, Guarantee, Security for Costs
Civil Procedure Interlocutory Orders Stay of Proceedings Guarantee Security for Costs

Case Brief

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Parties

Summer Hill Business Estate Pty Ltd

First Appellant

West Apartments Pty Ltd

Second Appellant

Demian Constructions Pty Ltd

Third Appellant

Shimden Pty Ltd

Fourth Appellant

CTP Pty Ltd

Fifth Appellant

Tremdell Pty Ltd

Sixth Appellant

C A R Holdings Pty Ltd

Seventh Appellant

Demian Holdings Pty Ltd

Eighth Appellant

Riverland Estate Pty Ltd

Ninth Appellant

Demian Investments Pty Ltd

Tenth Appellant

Belgrave Holdings Pty Ltd

Eleventh Appellant

Equititrust Limited

Respondent

Procedural Posture

Appeal / Interlocutory Application in Appellate Proceedings

Legal Issues

  1. 1 Whether Registrar should be directed to call upon the guarantee provided as condition of stay
  2. 2 Whether stay order should be varied to permit the Registrar to act
  3. 3 Adjournment of other orders pending further evidence

Ratio Decidendi

Registrar is to call upon the guarantee pursuant to earlier orders. The stay originally granted is to be varied so as not to prevent action required by the Registrar to enforce the guarantee, and interlocutory steps are stood over to allow further material to be filed.

Court Disposition

Registrar directed to call upon guarantee, stay varied to that extent; certain orders stood over; timetable for filing evidence set; costs of today ordered to be costs in the motion.

Orders

  • Direct the Registrar to call upon the guarantee provided to him pursuant to the orders of Allsop P of 8 February 2011 and to the extent necessary vary the stay granted by Allsop P on 8 February 2011 to permit that step to be taken.
  • Stand over orders 1 and 3 of the notice of motion filed 27 June 2011 until Monday 18 July 2011.