Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore (No 6) [2021] NSWSC 1597

Supreme Court New South Wales

Medium Neutral Citation: Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore (No 6) [2021] NSWSC 1597 Hearing dates: On the papers Decision date: 09 December 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Note that, as an application for a different order was made within the time provided for in order (4) made on 19 November 2021, the order for costs in order (3) made on 19 November 2021 does not come into effect; (2) Order that there be no order as to the costs of the proceedings. (3) Note that order (2) does not affect costs orders already made in the proceedings. (4) Refuse the plaintiff's application for release of the amount paid by way of security for costs. Catchwords: COSTS — application for different order — defendants applied for an order that there be no order as to costs pursuant to UCPR, r 42.34 — proceedings could have been commenced in the District Court — whether commencement and continuation of proceedings in this Court was warranted — proceedings not considered particularly complex or novel — not satisfied on the basis of quantum that commencement or continuation of proceedings in this Court was warranted — no order as to costs COSTS — Security for costs — whether security ought be released — circumstances where there are costs orders that have not yet been quantified or paid — premature to order that security for costs be released — question may be more appropriately dealt with by Court of Appeal Legislation Cited: Civil Procedure Act 2005 (NSW), ss 101, 146, 149 District Court Act 1973 (NSW), ss 4, 44, 51 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.34 Cases Cited: Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1; [1986] HCA 3 Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore (No 5) [2021] NSWSC 1499 Category: Costs Parties: Shoal Bay Beach Constructions No. 1 Pty Ltd (Plaintiff) Mark Hickey and the persons listed in Schedule A to this Statement of Claim t/as at all material times as Sparke Helmore (Defendants) Representation: Counsel: D Weinberger (Plaintiff) A Zahra SC / J Burnett (Defendants)