NSW Caselaw
District Court New South Wales
Medium Neutral Citation: T & H PTY LIMITED v Nguyen; T & H PTY LIMITED trading v Trinh; T & H PTY LIMITED v Trinh; T & H PTY LIMITED v 304 Chapel Rd Pty Ltd [2022] NSWDC 82 Hearing dates: 24 March 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) The plaintiff provide further security for the defendants' costs of the proceedings (as defined in the Schedule set out at paragraph 2 of this judgment) in an amount of $61,000 within 28 days of the date of this order. (2) The plaintiff pay the defendants' costs of this application. (3) Stand these proceedings over to 2 May 2022 for further directions. Catchwords: SECURITY FOR COSTS – security for costs orders made in 2018 in relation to four claims – Referee's Report rejects the plaintiff's claims but upholds a cross-claim by the defendants – plaintiff seeks six-day-plus hearing to challenge the Referee's Report in its entirety – defendants bring application for further security – material change in circumstances established – order for further security made Legislation Cited: Uniform Civil Procedure Rules ("UCPR") 2005 (NSW) r 42.21 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 87 Ingot v Macquarie [No 5] [2006] NSWSC 255 Interslice Pty Ltd v CCA Investments – Bass Hill Pty Ltd [2021] NSWSC 1578 Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd [2022] NSWSC 42 SSPeetham Pty Ltd as trustee for the CHB CDI Trust v Marcos Accountants Pty Ltd [2020] NSWSC 378 T & H Pty Ltd v 304 Chapel Rd Pty Ltd; T & H Pty Ltd v Trinh [2018] NSWDC 215 Wollongong City Council v Legal Business Centre Pty Limited [2012] NSWCA 245 Yandil Holdings Pty Ltd v Insurance Company of North America (1985) 3 ACLC 542 Category: Procedural rulings Parties: 2018/00089247: Plaintiff: T & H PTY LIMITED trading as Brown Consultants Defendants: 1st Defendant: Linh Trinh Nguyen 2nd Defendant: Thanh Tuan Trinh 3rd Defendant: Chi Thanh Trinh 4th Defendant: Eng Trinh Ngo 5th Defendant: King Trinh Trinh 6th Defendant: Nhu Ngoc Ha
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