The Owners – Strata Plan No 94267 v DEC Engineering & Construction Pty Ltd & Anor [2020] NSWSC 1647

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 94267 v DEC Engineering & Construction Pty Ltd & Anor [2020] NSWSC 1647 Hearing dates: 17 November 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Application for security for costs dismissed Catchwords: COSTS – security for costs – where developer and builder made cross claims against each other – where builder's cross claim based on deed of indemnity – where developer's cross claim sought to impugn that deed – where developer sought security for costs of builder's cross claim – where security sought was in substance for costs of developer's cross claim Legislation Cited: Corporations Act 2001 (Cth) Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amalgamated Mining Services Pty Ltd v Warman International Pty Ltd (1988) 19 FCR 324 Bevwizz Group Pty Ltd v Transport Solutions Pty Ltd [2008] NSWSC 1399 Neck v Taylor [1893] 1QB 560 Steel Building Systems Pty Ltd (in Liq) v Decmil Australia Pty Ltd [2019] NSWSC 1645 TM Thoroughbreds Pty Ltd v President Bloodstook Pty Ltd (No 2) [2019] NSWSC 1607 Category: Procedural and other rulings Parties: The Owners – Strata Plan No 94267 (Plaintiff) DEC Engineering & Construction Pty Ltd (First Defendant/Cross Claimant/Respondent) New Golden International Group Pty Ltd (Second Defendant/First Cross Defendant/Applicant) Tangxin Dan (Second Cross Defendant/Applicant) Hanhu Dan (Third Cross Defendant/Applicant) Representation: Counsel: M E Sheldon with R Sud (First Defendant/Cross Claimant/Respondent) F F Salama with E L Bartley (Second Defendant/Cross Defendants/Applicants)