NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Financial Pty Ltd v Nicols [2023] NSWSC 306 Hearing dates: 17 March 2023 Decision date: 31 March 2023 Jurisdiction: Equity Before: Robb J Decision: See [59] – [64] Catchwords: COSTS — application for security for costs — where plaintiff has minimal paid-up share capital — where sole director of plaintiff offered personal undertaking — where detailed financial circumstances of plaintiff and sole director not in evidence — plaintiff to provide security for costs Legislation Cited: Corporations Act 2001 (Cth), s 1335(1) Legal Profession Uniform Law (NSW), ss 86, 88 Uniform Civil Procedure Rules 2005 (NSW), r 42.21(1) Cases Cited: Base 1 Projects Pty Ltd v Islamic College of Brisbane Ltd [2012] QCA 114 Gekko Developments Pty Ltd v Centa Co Pty Ltd (No 2) [2013] QSC 353 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189; [1995] FCA 76 Maggbury Pty Ltd v Hafele Australia Pty Ltd [2000] QSC 220 Specialised Explosives Blasting & Training Pty Ltd v Huddy's Plant Hire Pty Ltd [2010] 2 Qd R 85; [2009] QCA 254 Suncare Constructions Australia Pty Ltd v Gainspace (MacKay) Pty Ltd [2016] QSC 67 Category: Costs Parties: Financial Pty Ltd (Plaintiff) Steven Nicols (In his capacity as Trustee in Bankruptcy for Rinaldo (Rick) Frank Albert Manietta (Defendant) Representation: Counsel: A Fernon SC/A J Macauley (Plaintiff) R J Pietriche (Defendant)
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