Cayenne Coal Pty Ltd as Trustee for Boardwalk Resources Trust v Whitehaven Coal Limited [2022] NSWSC 934

Supreme Court New South Wales

Medium Neutral Citation: Cayenne Coal Pty Ltd as Trustee for Boardwalk Resources Trust v Whitehaven Coal Limited [2022] NSWSC 934 Hearing dates: 7 July 2022 Decision date: 15 July 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Within 21 days of the date of this judgment, the plaintiff provide security for the first defendant's costs in the sum of $250,000 by way of payment into Court or bank guarantee; (2) The proceedings be stayed if security is not provided in accordance with order (1); (3) Subject to order (4), the plaintiff pay the first defendant's costs of the notice of motion filed on 17 June 2022; (4) Either party may make an application to vary order (3) within 14 days of the date of these orders. Catchwords: COSTS — Security for costs — Relevant factors — Whether the plaintiff's claim is properly classified as defensive — Appropriate method for quantification — Broad-brush approach Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amalgamated Mining Services Pty Ltd v Warman International Ltd and Another (1988) 19 FCR 324 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 1082 Interwest Ltd v Tricontinental Corporation Ltd & Anor (1991) 5 ACSR 621 Category: Procedural rulings Parties: Cayenne Coal Pty Ltd as Trustee for Boardwalk Resources Trust (Plaintiff | Respondent) Whitehaven Coal Limited (First Defendant | Applicant) Certane CT Pty Ltd (Second Defendant) Boardwalk Resources Investments Pty Ltd (In Liq) (Third Defendant) Representation: Counsel: B Hancock (Plaintiff | Respondent) I Ahmed (First Defendant | Applicant)