Regional Architects Pty Ltd v Coffs Harbour City Council (No 2) [2021] NSWLEC 106

Land and Environment Court New South Wales

Medium Neutral Citation: Regional Architects Pty Ltd v Coffs Harbour City Council (No 2) [2021] NSWLEC 106 Hearing dates: 23 September 2021 Date of orders: 30 September 2021 Decision date: 30 September 2021 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraphs 35 and 36 Catchwords: COSTS — security for costs — s 1335 Corporations Act 2001 (Cth) — discretion — r 3.7 Land and Environment Court Rules 2007 (NSW) — security for costs ordered Legislation Cited: Land and Environment Court Rules 2007 (NSW) Corporations Act 2001 (Cth) Cases Cited: Regional Architects Pty Ltd v Coffs Harbour City Council [2021] NSWLEC 29 Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd [2021] NSWCA 90 Category: Costs Parties: Regional Architects Pty Ltd, Applicant (Respondent on the Notice of Motion) Coffs Harbour City Council, Respondent (Applicant on the Notice of Motion) Representation: Counsel: Mr B Green, Applicant (Respondent on the Notice of Motion) Mr T To, Respondent (Applicant on the Notice of Motion)

Solicitors: Meliora Legal Services, Applicant (Respondent on the Notice of Motion) HWL Ebsworth, Respondent (Applicant on the Notice of Motion) File Number(s): 2021/144888 Publication restriction: No

Judgment

Nature of proceedings 1. The Applicant on the Notice of Motion (the Council) seeks orders: 1. Pursuant to s 1335(1) of the Corporations Act 2001 (Cth) (Corporations Act), the Applicant is to provide security for costs in the sum of $240,000 (or such other amount as the Court thinks fit) within 21 days of this order. Such sum is to be paid into Court, or by way of provision of an irrevocable bank guarantee issued by an Australian bank and realisable on an order of the Court; 2. In the event of non-compliance with order (1) above, the proceedings are stayed until further order of the Court; 3. The Applicant is to pay the Respondent's costs of this Notice of Motion; and 4. Any other orders the Court thinks fit. 1. The Respondent on the Notice of Motion (Regional Architects) opposes the orders sought.