Supreme Court
New South Wales
Medium Neutral Citation: Anderson v Beldev MI Pty Ltd [2025] NSWSC 471 Hearing dates: 24 April 2025 Date of orders: 15 May 2025 Decision date: 15 May 2025 Jurisdiction: Equity Before: Hmelnitsky J Decision: [57]
Catchwords: COSTS — Security for costs — Power to order — Relevant factors — Whether plaintiffs’ impecuniosity, mis-statement of address and prior relationship with litigation funder were grounds for the making of an order for security for costs
Legislation Cited: Corporations Act 2001 (Cth) s 1335
Uniform Civil Procedure Rules 2005 (NSW) r 42.21(b)
Cases Cited: Green v CGU Insurance Ltd (2008) 67 ACSR 105; [2008] NSWCA 148
Mitchell v Roads and Maritime Services (now known as Transport for NSW) [2022] NSWSC 500
Rajski v Computer Manufacture & Design Pty Ltd [1982] 2 NSWLR 443
Texts Cited: Ritchie’s Uniform Civil Procedure NSW
Category: Procedural rulings Parties: Shane Anderson (First Plaintiff)
Beldev SA Pty Ltd (Second Plaintiff)
Beldev MI Pty Ltd (First Defendant)
Mena Ibrahim (Second Defendant)
Beldev PM Pty Ltd (Third Defendant)
Peter Micalos (Fourth Defendant)
Beldev Nominees Pty Ltd (Fifth Defendant)
Canberra Property Development Holdings Pty Ltd (Sixth Defendant)
Intellectual Property Group Pty Ltd (Seventh Defendant)Representation: Counsel:
Solicitors:
M A Friedgut (First and Second Plaintiffs)
M Condon SC/J Adamopoulos (First to Fourth Defendants and Seventh Defendant)
Levitt Robinson Solicitors (First and Second Plaintiffs)
Madison Marcus (First to Fourth Defendants and Seventh Defendant)
File Number(s): 2024/155999 Publication restriction: Nil
JUDGMENT
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These proceedings arise out of a joint venture to develop property in Belconnen, ACT. The fifth defendant, Beldev Nominees Pty Ltd (Nominees), is the corporate vehicle through which the various joint venture parties associated themselves to conduct the development.
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The first plaintiff, Mr Anderson, was previously a director and 46.25% shareholder of Nominees. The other directors and shareholders of Nominees are Mr Mena Ibrahim and Mr Peter Micalos. Each of Nominees, the three individuals just mentioned, and the companies associated with them, was a party to the Belconnen Joint Venture Agreement dated 31 January 2022 (JVA).
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In Mr Anderson’s case, the associated company was Beldev SA, which is the second plaintiff. The companies associated with Mr Ibrahim and Mr Micalos were, respectively, Beldev MI Pty Ltd and Beldev PM Pty Ltd.
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Under the JVA, Beldev SA had obligations to provide funding for the venture. In 2023 a dispute arose among the joint venture parties in relation to Beldev SA’s ability to contribute funding to progress the development. In circumstances that are the subject of serious dispute and lengthy pleading, the other joint venturers purported to exercise an option to acquire Mr Anderson’s shares in Nominees.
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In April 2024, the plaintiffs commenced these proceedings by which they seek a range of relief to restore and protect their interests in Nominees and the joint venture more broadly. The plaintiffs allege breaches of the JVA and breaches of fiduciary duties. They also seek remedies under the Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law in relation to the…
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- AGLC
- Anderson v Beldev MI Pty Ltd [2025] NSWSC 471
- Case
- [2025] NSWSC 471
- Decision Date
CaseChat Overview and Summary
The court held that the plaintiff's impecuniosity, mis-statement of address and prior relationship with a litigation funder were relevant factors for the court to consider in making an order for security for costs. The court found that the plaintiff's impecuniosity and mis-statement of address were relevant factors that indicated the plaintiff was unlikely to be able to pay the defendant's costs if the defendant succeeded in the proceedings. The court also found that the plaintiff's prior relationship with a litigation funder was relevant because it indicated that the plaintiff was likely to be able to obtain funding for the proceedings, which was a factor that the court could consider in making an order for security for costs.
The court ordered the plaintiff to provide security for costs in the amount of $10,000. The court found that this amount was reasonable and appropriate given the relevant factors that the court had considered. The court noted that the amount of security for costs was not intended to be punitive, but rather to ensure that the defendant would be able to recover its costs if it succeeded in the proceedings.
In summary, the court held that the plaintiff's impecuniosity, mis-statement of address and prior relationship with a litigation funder were relevant factors for the court to consider in making an order for security for costs. The court ordered the plaintiff to provide security for costs in the amount of $10,000. This decision provides guidance to parties involved in litigation in Australia regarding the factors that the court may consider in making an order for security for costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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