In the matter of Bailey Roberts Group Pty Ltd [2023] NSWSC 1147

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bailey Roberts Group Pty Ltd [2023] NSWSC 1147 Hearing dates: 21 August 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See below at [82] Catchwords: COSTS — Security for costs — where corporate plaintiff accepts that there is reason to believe that it will be unable to pay the defendants costs of the proceedings if it is ultimately ordered to do so — factors relevant to the exercise of the discretion in relation to security for costs — where security previously ordered in favour of two defendants — whether those defendants demonstrated material change in circumstances warranting order for further security — whether order for security would be "oppressive" in the circumstances of the case — where inappropriate to conduct a trial or make findings in relation to the substantive matters in dispute in order to determine whether an order for security would be "oppressive" — where order for security would not stultify proceedings Legislation Cited: Corporations Act 2001 (Cth), ss 233, 237, 286, 436A, 471B, 1335 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Broadway Plaza Investments v Broadway Plaza Pty Ltd; In the matter of Combined Projects (Arncliffe) Pty Ltd [2019] NSWSC 1082 Carrano Investment Holding Pty Ltd v Siennamia Investments Pty Ltd [2022] NSWCA 262 Cornelius v Global Medical Solutions Australia Pty Ltd (2014) 98 ACSR 301; (2014) 32 ACLC 14-010; [2014] NSWCA 65 In the matter of Bailey Roberts Group Pty Ltd (in liq) [2023] NSWSC 492 Misrachi v The Public Guardian [2019] NSWCA 67 Pioneer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Ltd (2007) 65 ACSR 383; (2007) 25 ACLC 1,707; (2007) 2 BFRA 753; [2007] NSWCA 344 Rad Drill Services Pty Ltd v Warrego Energy EP469 Pty Ltd [2021] NSWSC 214 Re Felan's Fisheries Pty Ltd [2016] NSWSC 1351 Statewide Developments Realty Pty Ltd v The Owners Corporation, SP 77457 [2013] NSWSC 1750 The Owners - Strata Plan 64415 v Serman [2017] NSWSC 806 Treloar Constructions Pty Ltd v McMillan [2016] NSWCA 302 Texts Cited: N/A Category: Procedural rulings Parties: 2021/238607