NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rad Drill Services Pty Ltd v Warrego Energy EP469 Pty Ltd [2021] NSWSC 214 Hearing dates: 8 March 2021 Decision date: 11 March 2021 Jurisdiction: Equity Before: Kunc J Decision: Security for defendants' costs ordered; Plaintiff's application for security and injunction dismissed Catchwords: COSTS – Security for costs – Relevant factors – Whether plaintiff cross-defendant to be treated as the real defendant – whether "oppression" a basis to resist security even if respondent fails to establish that an order for security will stultify the claim Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Land Agents Act 1994 (SA) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: In the matter of Warrego Energy EP469 Pty Ltd [2020] NSWSC 980 Pioneer Park Pty Ltd (In liq) & Ors v Australia and New Zealand Banking Group Ltd (2007) 65 ACSR 383; [2007] NSWCA 344 Strategic Financial and Project Services Pty Ltd v Bank of China Ltd [2009] FCA 604 Category: Procedural rulings Parties: Rad Drill Services Pty Ltd (Plaintiff) Warrego Energy EP469 Pty Ltd (First Defendant) Warrego Energy UK Ltd (Second Defendant/Cross-Claimant) Dennis Donald (Third Defendant) Representation: Counsel: C Lambert (Plaintiff) E A Walker (Defendants/Cross-Claimant)
Solicitors: Cohen & Krass (Plaintiff) Bird & Bird (Defendants/Cross-Claimant) File Number(s): 2020/249938 Publication restriction: No
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