NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Fanma Pty Ltd (formerly Playup Australia Pty Ltd) v Kay [2020] NSWSC 1823 Hearing dates: 11 December 2020 Date of orders: 15 December 2020 Decision date: 15 December 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff to provide security for costs of $25,000 Catchwords: COSTS – security for costs – where plaintiff admittedly unable to meet a costs order – whether security should be denied by reason of delay – quantum of security – where only one of two defendants seeks security – where that defendant is also a cross claimant Cases Cited: Buckley v Bennell Design and Constructions Pty Ltd (1974) 1 ACLR 301 Concrete Constructions Pty Ltd v Dalma Formwork Pty Ltd [1999] NSWCA 16 Kay v KRM (Vic) Pty Ltd [2020] NSWCA 92 Kay v Playup Australia Pty Ltd [2020] NSWCA 33 KRM (Vic) Pty Ltd v Classicbet Pty Ltd [2019] NSWSC 1773 Playup Australia Pty Ltd v Kay [2019] NSWSC 771 Southern Cross Exploration NL v Fire and or Risks Insurance Co Pty Ltd (1985) 1 NSWLR 114 Category: Procedural and other rulings Parties: Fanma Pty Ltd (formerly Playup Australia Pty Ltd) (Plaintiff) Ryan Kay (First Defendant) Alexander Kay (Second Defendant) Representation: Counsel: Mr E A Walker (Plaintiff) Mr N Kabilafkas (Defendants)
Solicitors: Yates Beaggi (Plaintiff) Price Law (Defendants) File Number(s): 2018/319830
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