VM Romano v BCG

[2023] VSCA 312

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Corporate plaintiff
4. › Persons standing behind company
5. › Whether persons who benefit from litigation must depose to financial situation where stultification alleged
6. › Whether Bell Wholesale principle is a strict requirement or discretionary factor
1. Practice and Procedure
2. › Security for costs
3. › Corporate plaintiff
4. › Altruistic litigation
5. › Whether Bell Wholesale principle confined to officers and shareholders or extends to any person for whose benefit litigation conducted
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Security for costs
5. › Standard of appellate review
6. › House v The King principles
7. › Whether substantial injustice shown
8. › Whether error in exercise of discretion

Quick Take

The Bell Wholesale principle that those standing behind a company should depose to their financial situation where stultification is alleged is a discretionary factor, not a strict requirement. The principle extends beyond officers and shareholders to any person for whose benefit the litigation is being conducted, including owners corporations in pass-through cladding litigation.