Strata Plan 94417 trading as The Owners - Strata Plan 94417 v Alta Vale Residential Pty Ltd [2023] NSWSC 1089

Supreme Court New South Wales

Medium Neutral Citation: Strata Plan 94417 trading as The Owners - Strata Plan 94417 v Alta Vale Residential Pty Ltd [2023] NSWSC 1089 Hearing dates: 4 September 2023 Date of orders: 4 September 2023 Decision date: 04 September 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Orders for security for costs to be made Catchwords: COSTS – security for costs – cross-claim by builder against its subcontractors – where common ground builder could not meet costs order – whether cross-claim defensive in nature – whether builder has strong prospects of success against cross-defendants – whether ordering security would stultify proceedings – where those behind builder have not revealed their ability to pay security Legislation Cited: Corporations Act 2001 (Cth) Sale of Goods Act 1923 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amalgamated Mining Services Pty Ltd v Warman International Pty Ltd (1988) 19 FCR 324 Bell Wholesale Co Limited v Gates Export Corporation (1984) 2 FCR 1; [1984] FCA 34 Bevwizz Group Pty Ltd v Transport Solutions Pty Ltd [2008] NSWSC 1399 Litmus Australia Pty Ltd (in liq) v Paul Brian Canty & Ors [2007] NSWSC 670 Live Board Holdings Ltd v Cody Live Pty Ltd [2017] NSWCA 302 Stanley-Hill v Kool [1982] 1 NSWLR 460 The Owners – Strata Plan No 69746 v IPM Pty Ltd; The Owners – Strata Plan No 71241 v IPM Pty Ltd [2015] NSWSC 772 The Owners – Strata Plan No 94267 v DEC Engineering & Construction Pty Ltd & Anor [2020] NSWSC 1647 Category: Procedural rulings Parties: Strata Plan 94417 trading as The Owners - Strata Plan 94417 (Plaintiff) Alta Vale Residential Pty Ltd (former name TC Build Pty Limited) (First Defendant/Cross-Claimant) FPG Northbridge Pty Limited (Second Defendant) DKO Architecture (NSW) Pty Ltd (First Cross-Defendant) PGH Bricks & Pavers Pty Ltd (Second Cross-Defendant) Fiducia Development Group Pty Limited (Third Cross-Defendant) Wood & Grieve Engineers Pty Limited (Fourth Cross-Defendant) Encore Fire Systems Pty Limited (Fifth Cross-Defendant) Scientific Fire Services Pty Ltd (Sixth Cross-Defendant) Integrated Group Services Pty Ltd (Seventh Cross-Defendant) Aegis Electric & Gas International Services Limited (a company registered in England and Wales under Company Number 3200519) as sole corporate member of Syndicate 1225 at Lloyds (Eighth Cross-Defendant) Ascot Corporate Name Limited as sole corporate member of Lloyd's Syndicate 1414 (Ninth Cross-Defendant) Asta Managing Agency Limited acting for and on behalf of the members of Everest syndicate 2786 a Lloyd's syndicate (Tenth Cross-Defendant) Representation: Counsel: D S Weinberger (First Defendant/Cross-Claimant) A Cameron (First Cross-Defendant) R L Thrift (Second Cross-Defendant) M Thompson (Fourth Cross-Defendant) A Girgis (Sixth Cross-Defendant)