Shelteo Pty Ltd v Australia and New Zealand Banking Group Limited [2021] NSWSC 224

Supreme Court New South Wales

Medium Neutral Citation: Shelteo Pty Ltd v Australia and New Zealand Banking Group Limited [2021] NSWSC 224 Hearing dates: 01 March 2021 Date of orders: 01 March 2021 Decision date: 01 March 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The plaintiff is to pay security for costs as follows: (i)The plaintiff pay the sum of $50,000 into court on or before 29 March 2021. (ii) The plaintiff pay the sum of $75,000 into court on or before 2 July 2021. (iii) The plaintiff pay the sum of $75,000 into court on or before 1 November 2021. (iv) The plaintiff pay the sum of $50,000 into court on or before 1 February 2022. (2) Costs of the application for security for costs will be costs in the cause. (3) The plaintiff is granted leave to file the amended statement of claim within 7 days. (4) The costs of the plaintiff's motion seeking leave to amend will be costs in the cause. Catchwords: COSTS – security for costs – relevant factors – nature of the plaintiff – where statement of claim has been amended to substitute the plaintiff in the proceedings Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: All State Life Insurance Co v Australia & New Zealand Banking Group Ltd (No 19) (1995) 134 ALR 187 Bryan E Fencott & Associate Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 Cornelius v Global Medical Solutions Australia Pty Ltd (2014) 98 ACSR 301; [2014] NSWCA 65 Green v CGU Insurance Ltd (2008) 67 ACSR 105; [2008] NSWCA 148 James, in the matter of Liquor National Pty Ltd (in liq) v Liquor National Pty Ltd (in liq) [2017] FCA 721 Les & Zelda Investments Pty Ltd v Whitehaven Coal Ltd [2020] NSWSC 1091 Louise Haselhurst v Toyota Motor Corporation Australia Limited trading as Toyota Australia [2020] NSWSC 1607 Norcast S.àr.L v Bradken Limited & Ors [2012] FCA 765 Voxson v Telstra Corporation Limited (No 8) [2017] FCA 1427 Category: Procedural rulings Parties: Shelteo Pty Ltd (Plaintiff) Australia and New Zealand Banking Group Limited (Defendant) Representation: Counsel: N Condylis (Plaintiff) R M Foreman with K E Boyd (Defendant)