A-Link Technology Pty Ltd v Cumberland Council [2020] NSWSC 1845

Supreme Court New South Wales

Medium Neutral Citation: A-Link Technology Pty Ltd v Cumberland Council [2020] NSWSC 1845 Hearing dates: 9 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Equity - Real Property List Before: Rein J Decision: See [40]-[42], [48]-[49] Catchwords: COSTS – Security for costs – Relevant factors – Two plaintiff companies brought a claim against Cumberland Council and a former councillor, relating to a 2013 construction contract which the Council rescinded – The defendants filed notices of motion seeking security for costs – The plaintiffs did not appear at the hearing of the motions and did not make submissions – Where the plaintiffs are impecunious and where there is no evidence as to the financial position of the director of the plaintiffs – Where the plaintiffs, in their conduct of the litigation, had not complied with orders or notices to produce – Where a substantially similar case brought by the second plaintiff against the Council in 2016 had been dismissed for failure to meet discovery obligations – Held: the plaintiffs to provide security for costs for both defendants and proceedings stayed until security provided. CIVIL PROCEDURE – Commencement of proceedings – Proceedings carried on by corporation – Necessity for solicitor to act or for director to be joined as a plaintiff – The plaintiff companies instituted the proceedings without being represented by a solicitor and their director was not joined as a plaintiff in contravention of UCPR r 7.1 – Held: proceedings stayed until the plaintiffs appoint a solicitor or join their director as a plaintiff. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bell Wholesale Co Pty Ltd v Gates Export Corporation (1984) 2 FCR 1; (1984) 52 ALR 176 Mehajer and Australian Securities and Investments Commission [2016] AATA 621 R v Salim Mehajer [2018] NSWLC 11 Sydney Constructions & Developments Pty Ltd v Cumberland Council [2018] NSWSC 304 The Owners - Strata Plan 87265 v Saaib [2019] NSWSC 289 Texts Cited: Nil Category: Procedural and other rulings Parties: A-Link Technology Pty Ltd (First Plaintiff) Sydney Constructions & Developments Pty Ltd (Second Plaintiff) Cumberland Council (First Defendant) Ronney Oueik (Second Defendant) Representation: Counsel: Mr M. Sheldon (First Defendant) Mr C. D. Wood SC (Second Defendant)