Stamford Bridge SW6 Pty Ltd v Blaise Building Services Pty Ltd [2023] NSWSC 50

Supreme Court New South Wales

Medium Neutral Citation: Stamford Bridge SW6 Pty Ltd v Blaise Building Services Pty Ltd [2023] NSWSC 50 Hearing dates: 1 February 2023 Decision date: 08 February 2023 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The plaintiff's notice of motion filed on 22 November 2022 is dismissed with costs; (2) Order that the plaintiff provide security for the first defendant's costs in the sum of $150,000 to be provided in the following tranches: (a) $50,000 within 28 days of the date of this judgment; (b) $50,000 within 28 days after the date on which the matter is set down for final hearing; (c) $50,000 at least 28 days before the first day of the final hearing; (3) Order that security be provided by paying the relevant amounts into Court or otherwise in a form that is satisfactory to the first defendant; (4) Order that the proceedings be stayed if security is not provided in accordance with order (2); (5) Order that the plaintiff pay the first defendant's costs of the first defendant's notice of motion filed on 9 November 2022; (6) Stand the matter over for directions on 17 February 2023. Catchwords: COSTS — Security for costs — Relevant factors — where outstanding judgment debts under Building and Construction Security of Payment Act 1999 (NSW) — where directors offer an undertaking to be personally liable for costs – Security ordered Legislation Cited: Building and Construction Security of Payment Act 1999 (NSW) Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Jazbas Pty Ltd v Haddad [2007] NSWCA 291 Category: Procedural rulings Parties: Stamford Bridge SW6 Pty Ltd (Plaintiff | Applicant) Blaise Building Services Pty Ltd (First Defendant | First Respondent) Robert Sundercombe (Second Defendant | Second Respondent) Representation: Counsel: C Carroll (Plaintiff | Applicant) S Puttick (First Defendant | First Respondent)