Central Queensland Development Corporation Pty Ltd (Formerly Bluechip Development Corporation Gladstone) Pty Ltd v BMT & Assoc Pty Ltd (No 2) [2020] NSWSC 1249

Supreme Court New South Wales

Medium Neutral Citation: Central Queensland Development Corporation Pty Ltd (Formerly Bluechip Development Corporation Gladstone) Pty Ltd v BMT & Assoc Pty Ltd (No 2) [2020] NSWSC 1249 Hearing dates: 20 August 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) Pursuant to UCPR 42.21, the plaintiffs are to give security for the costs of the defendant by making a payment of funds into Court in the sum of $150,000. (2) The proceedings against the defendant are stayed until order (1) has been complied with. (3) The plaintiffs' notice of motion dated 21 July 2020 is dismissed. (4) The plaintiffs are to pay the defendant's costs of the notices of motion dated 16 June 2020 and 27 July 2020. Catchwords: PRACTICE AND PROCEDURE – Application for further security for costs – No point of principle Application for discovery – Where the documents are not relevant to a fact in issue – No point of principle Legislation Cited: Corporations Act 2001 (Cth), s 1135 Uniform Civil Procedure Rules 2005 (NSW), rr 21.2, 42.21 Cases Cited: Central Queensland Development Corporation Pty Ltd (formerly Bluechip Development Corporation Gladstone) Pty Ltd v BMT & Assoc Pty Ltd [2017] NSWSC 992 Girdlestone v North British Mercantile Insurance Company (1870) LR 11 Eq 197 In the matter of BMT & Associates Pty Ltd [2014] NSWSC 1082 In the matter of Kata-Lyn Pty Ltd [2014] NSWSC 1246 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 5) [2006] NSWSC 255 Kovarfi v BMT & Associates Pty Ltd (No 2) [2014] NSWSC 100. Kovarfi v BMT & Associates Pty Ltd (No 3) [2017] NSWSC 710 Norcast SarL v Bradken Ltd [2012] FCA 765 Robert John McKenna v Cammell Laird Ship Repairers Ltd and Condron (Avonmouth) Ltd 1989 WL 649898 Welzel v Francis [2011] NSWSC 477 Category: Procedural and other rulings Parties: Central Queensland Development Corporation Pty Ltd (formerly Bluechip Development Corporation Gladstone) Pty Ltd ACN 120 112 781 (First Plaintiff) Prime Property Investments Pty Ltd ANC 058 336 940 (Second Plaintiff) BMT & Assoc Pty Ltd ACN 079 247 751 (Defendant) Representation: Counsel: B Ohair(Plaintiffs) S Gray(Defendant) Solicitors: Evans Lawyers (Plaintiff) DLA Piper Australia (Defendant) File Number(s): 2016/389748 Publication restriction: Nil