Riva NSW Pty Ltd v Key Nominees Pty Ltd [2016] NSWSC 1569

Riva NSW Pty Ltd v Key Nominees Pty Ltd [2016] NSWSC 1569

Despite the applicants' poor litigation history and lack of expedition, the proposed claim is sufficiently clear and arguably viable to warrant leave, provided terms are imposed for payment of outstanding costs orders and security for the defendant's costs.

Jurisdiction
Australia
Judgment Date
07 November 2016
Procedural Posture
Equity / Application for Leave to Commence Proceedings
Outcome
Leave to commence proceedings granted on terms
Legal Topics
['mortgagee Sale' 'surplus Proceeds' 'trust' 'leave to Commence Proceedings' 'costs Orders' 'security for Costs']
['equity' 'practice and Procedure'] ['mortgagee Sale' 'surplus Proceeds' 'trust' 'leave to Commence Proceedings' 'costs Orders' 'security for Costs']

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Procedural Posture

Equity / Application for Leave to Commence Proceedings

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings regarding 2006 mortgagee sale' 'Whether leave should be subject to terms requiring payment of outstanding costs orders and provision of security for costs']

Ratio Decidendi

Despite the applicants' poor litigation history and lack of expedition, the proposed claim is sufficiently clear and arguably viable to warrant leave, provided terms are imposed for payment of outstanding costs orders and security for the defendant's costs.

Court Disposition

Leave to commence proceedings granted on terms

Orders

  • ['Leave to commence proceedings granted on condition plaintiffs pay all amounts due to defendant from outstanding costs orders in previous proceedings.' "Plaintiffs must provide security for defendant's costs of proposed proceedings, on a solicitor and client basis." 'Plaintiffs must undertake to diligently...