COSTS - security for costs - respondent moves for security for costs on eve of hearing of judicial review proceedings - motion dismissed for three reasons - first, Court has no power to order security for costs in judicial review proceedings except in exceptional circumstances and there are no exceptional circumstances - secondly, the proceedings were brought in the public interest - thirdly and alternatively, costs should be refused in the general discretion of the Court, having regard in particular to the fact that the proceedings involve a matter of public importance, the timing of motion and whether an order for security would stifle the proceedings.
Singtel Optus v Almad [2013] NSWSC 1098
PRACTICE AND PROCEDURE - pleadings - application to amend - withdrawal of admission
In the matter of the Official Trustee in Bankruptcy as Trustee of the Bankrupt Estate of Carlos Antonio Pavez [2013] NSWSC 655
CONTRACT - Whether person, other than named party, is party to building contract - where builder entitled to call for evidence of title over which charge is to be granted - where multiple blocks in Site over which charge is to be granted, some owned by named contracting party and others owned by third parties and/or director of named party - whether debt owed by director, not named as party to the contract - whether monies paid into Court should be paid out to plaintiff as Official Trustee of the bankrupt estate of the director
Sutherland and Spring in their Capacity as Joint and Several Administrators of Platinum Corporate Group Pty Limited (Administrators Appointed) & Ors v Bluecrest Nominees Pty Limited
Acting for an administrator denied access to the books of a company in administration, led by Michelle Painter.
Hallani v Hallani [2013] NSWSC 91
EQUITY - trusts and trustees - powers, duties, rights and liabilities of trustees - Defendant, an administrator of an intestate estate, was obliged to preserve the estate for the benefit of the deceased's widow and sons - Plaintiff-widow purportedly granted powers of attorney to the defendant to administer the deceased's estate - Defendant, without notice to the plaintiff, transmitted estate funds to Lebanon in the names of the deceased's sons in the practical control of their grandfather - Whether the powers of attorney were validly granted - Whether the terms of the powers of attorney authorised the defendant to transmit the disputed funds beyond the practical reach of the plaintiff and any representative of the deceased's estate.
Maytom v Warren McKeon Dickson Pty Ltd [2012] FCA 1300
Representing a law firm whose former client had been declared bankrupt and was seeking an extension of time to appeal from orders made in the Federal Magistrate’s Court, unled