Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 3)

In *Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 3)*, the New South Wales Court of Appeal considered an application concerning the release of bank guarantees and a sum of money held by the Supreme Court. The application was brought by Gerrard Toltz Pty Ltd, the second defendant in underlying proceedings, seeking the release of these funds and guarantees.

The primary legal issue before the Court was whether to grant the appellant's application for the release of bank guarantees and a cash deposit held by the Supreme Court. The appellant also sought orders regarding costs associated with its notice of motion.

The Court, by consent of the parties, ordered the release of two bank guarantees and a $40,000 cash deposit to the appellant's solicitor, John Anthony Coorey of Sparke Helmore Lawyers, to be paid into a specified solicitor's trust account. The appellant's notice of motion, filed on 14 October 2024, was otherwise dismissed, with no orders as to costs being made.