Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd [2022] NSWSC 42

Supreme Court New South Wales

Medium Neutral Citation: Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd [2022] NSWSC 42 Hearing dates: 1 February 2022 Date of orders: 1 February 2022 Decision date: 01 February 2022 Jurisdiction: Common Law Before: Payne JA Decision: Pursuant to rule 42.21 of the Uniform Civil Procedure Rules 2005 (NSW), the defendant/cross-claimant provide further security for the plaintiff's/cross-defendant's costs of defending the cross-claim in the sum of $50,000 by 9 February 2022, such security to be provided by way of payment into Court or provision of irrevocable bank guarantee(s) issued by an Australian bank in a form acceptable to the plaintiff/cross-defendant, failing which the cross-claim will be stayed. Catchwords: COSTS — security for costs — application for further security for costs Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, ss 18, 20 Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Brundza v Robbie & Co (No 2) (1952) 88 CLR 171; [1952] HCA 49 Elip Pty Ltd v Arch Finance Pty Ltd [2020] NSWSC 752 Ingot v Macquarie [No 5] [2006] NSWSC 255 Mr D v Ms P [2020] NSWCA 174 SSPeetham Pty Ltd as trustee for the CHB CDI Trust v Marcos Accountants Pty Ltd [2020] NSWSC 378 This Morning Pty Ltd v Melhem [2018] NSWSC 1460 Tyneside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2014] NSWCA 417 Category: Procedural rulings Parties: Misthold Pty Ltd (Plaintiff/Cross-defendant) NSW Historic Sites and Railway Heritage Company Pty Ltd (Defendant/Cross-claimant) Representation: Counsel: M Walton SC with N Furlan (Plaintiff/Cross-defendant) P Deakin QC with A Jucha (Defendant/Cross-claimant)