Planet Plumbing (ACT) Pty Ltd v Gentec Australia Pty Ltd [2022] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Planet Plumbing (ACT) Pty Ltd v Gentec Australia Pty Ltd [2022] NSWSC 1490 Hearing dates: 28 October 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The plaintiff is to provide security for the second defendant's costs of these proceedings, as follows: (a) $60,000 to be paid by 29 November 2022; (b) $60,000 to be paid within two months before the date on which the matter is fixed for trial. (2) The form of the security is to be by payment into court. (3) The proceedings be stayed if security is not provided in accordance with order 1. Catchwords: COSTS — Security for costs — Quantum and form — Broad-brush approach — Whether estimated costs of security for costs application and mediation can be included in security for costs order — Security to be provided in tranches Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 1082 Newcastle City Council v Wieland (2009) 74 NSWLR 173; [2009] NSWCA 113 Pacific Acceptance Corporation Ltd v Forsyth (No 2) [1967] 2 NSWR 402 Wende v Horwath (NSW) Pty Ltd (2014) 86 NSWLR 674; [2014] NSWCA 170 Category: Procedural rulings Parties: Planet Plumbing (ACT) Pty Ltd (Plaintiff | Respondent) Gentec Australia Pty Ltd (First Defendant) Tradelink Pty Limited (Second Defendant | Applicant) Representation: Counsel: A Rizk (Plaintiff | Respondent) F Ashworth (Second Defendant | Applicant)