Kupang Resources Pty Ltd v Commonwealth of Australia (No 2) [2023] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: Kupang Resources Pty Ltd v Commonwealth of Australia (No 2) [2023] NSWSC 1337 Hearing dates: 30 October 2023 Decision date: 08 November 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The defendant's notice of motion filed on 5 September 2023 be dismissed with costs. Catchwords: COSTS — Security for costs — Relevant factors — Whether applicant has discharged its onus to show that the respondent will be unable to meet an adverse costs order — Applicant failed to meet threshold requirement COSTS — Security for costs — Relevant factors — Timing — Where past orders for security — whether the delay in bringing the application for additional security should disentitle the Applicant from obtaining security for past costs — Applicant entitled to make further application — Past orders contemplated application for additional security Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commonwealth of Australia v Kupang Resources Pty Ltd (ACN 098 773 785) [2022] NSWCA 77 Karl Suleman Enterprizes Pty Limited (in liquidation) v Pham and Ors [2010] NSWSC 886 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2009] NSWSC 563 Category: Procedural rulings Parties: Kupang Resources Pty Ltd (Plaintiff | Respondent) Commonwealth of Australia (Defendant | Applicant) Representation: Counsel: S Hartford-Davis with RP Harvey (Plaintiff | Respondent) E Ball (Defendant | Applicant)