Mitchell v Roads and Maritime Services (now known as Transport for NSW) [2022] NSWSC 500

Supreme Court New South Wales

Medium Neutral Citation: Mitchell v Roads and Maritime Services (now known as Transport for NSW) [2022] NSWSC 500 Hearing dates: 26 April 2022 Decision date: 28 April 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The plaintiffs give security for the first defendant's costs in the amount of $415,000, such security to be provided in a form agreed between the parties or, in the absence of agreement, by payment into Court; (2) In the event that the security set out in order (1) is not provided within 28 days of the date of this judgment, the proceedings be stayed until such time as the security is provided; (3) The plaintiffs pay the first defendant's costs of the first defendant's notice of motion filed on 15 December 2021; (4) The matter be listed for further directions on 6 May 2022. Catchwords: COSTS — Security for costs — Power to order — Procedure and discretion — Where proceedings brought in part for benefit of litigation funder whose identity is unknown Legislation Cited: Civil Procedure Act 2005 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Roads Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cappello v Roads and Maritime Services [2019] NSWCA 227; (2019) 100 NSWLR 259 De Jong v Carnival plc [2016] NSWSC 347 Louise Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia [2020] NSWSC 1607 Category: Procedural rulings Parties: Darren Mitchell (First Plaintiff) Rosaline Mitchell (Second Plaintiff) Roads and Maritime Services (now known as Transport for NSW) (First Defendant) Representation: Counsel: GA Sirtes SC with LM Johnston (First Defendant)