Strata Plan 99960 v SPS Building Contractors Pty Ltd [2022] NSWSC 1464

Supreme Court New South Wales

Medium Neutral Citation: Strata Plan 99960 v SPS Building Contractors Pty Ltd [2022] NSWSC 1464 Hearing dates: 14 October 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Equity - Technology and Construction List Before: Rees J Decision: Defendant's application for security for costs dismissed with costs. Catchwords: COSTS – security for costs – building and construction dispute between plaintiff owners corporation and defendant builder over alleged defects in townhouses – Court's inherent power to order security for costs – proceedings not vexatious or oppressive – Uniform Civil Procedure Rules 2005 (NSW), rule 42.21(1)(d) – whether owners corporation unlikely to be able to meet adverse costs order – where owners corporation is well-organised and has raised special levies in connection with these proceedings – Court's inherent and statutory powers to order security for costs not enlivened – application dismissed. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.21(1)(d) Cases Cited: Bhagat v Murphy [2000] NSWSC 892 Logan v Bank of Scotland (No 2) [1906] 1 KB 141 McHenry v Lewis (1883) 22 Ch D 397 Morris v Hanley [2000] NSWSC 957 Owners – Strata Plan 50530 v Walter Construction Group Ltd [2001] NSWSC 820 Category: Procedural rulings Parties: Strata Plan 99960 (Plaintiff/Respondent) SPS Building Contractors Pty Ltd (Defendant/Applicant) Representation: Counsel: Mr JJ Young / Dr A Lim (Plaintiff/Respondent) Mr S Docker / Mr C Langford (Defendant/Applicant)