Infocus Tax and Business Advisory Pty Ltd v Andrews [2020] NSWSC 168

Infocus Tax and Business Advisory Pty Ltd v Andrews [2020] NSWSC 168

The determination of the separate question concerning clause 12 should be deferred until after pleadings are complete and further submissions received; interim security for costs may be provided by Infocus Wealth Management Ltd by deed of indemnity with board undertaking to the Court, pending determination of the separate question.

Jurisdiction
Australia
Judgment Date
03 March 2020
Procedural Posture
Civil / Interlocutory/procedural Determination (orders About Separate Question and Security for Costs)
Outcome
Determination of separate question deferred; security for costs ordered on interim basis; parties to confer and bring in short minutes of order.
Legal Topics
['separate Determination of Questions' 'security for Costs']
['civil Procedure' 'equity'] ['separate Determination of Questions' 'security for Costs']

Case Brief

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Procedural Posture

Civil / Interlocutory/procedural Determination (orders About Separate Question and Security for Costs)

Legal Issues

  1. 1 ['Whether clause 12 of the sale agreement prevents plaintiffs from prosecuting claims against Mr Andrews Jr and Mr Andrews Sr' 'Whether a separate question should be determined in advance of other proceedings' 'Whether the plaintiffs should provide security for costs']

Ratio Decidendi

The determination of the separate question concerning clause 12 should be deferred until after pleadings are complete and further submissions received; interim security for costs may be provided by Infocus Wealth Management Ltd by deed of indemnity with board undertaking to the Court, pending determination of the separate question.

Court Disposition

Determination of separate question deferred; security for costs ordered on interim basis; parties to confer and bring in short minutes of order.

Orders

  • ['Defer determination of whether the proposed separate question will be ordered until after pleadings are complete.' 'Permit proceedings to continue on basis of Infocus Wealth Management Ltd entering into deed of indemnity in favour of defendants, supported by board undertaking to the Court, as interim security for...