Liprini v Thirdi William Street Pty Ltd [2023] NSWSC 1375

Supreme Court New South Wales

Medium Neutral Citation: Liprini v Thirdi William Street Pty Ltd [2023] NSWSC 1375 Hearing dates: 2 November 2023 Decision date: 15 November 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The notices of motion filed on 13 October 2022, 20 October 2022 and 21 October 2022 each be dismissed with costs. Catchwords: COSTS — Security for costs — Relevant factors — Representative proceedings — Where proceedings brought in part for benefit of others — Plaintiff holds significant equity in real property — Funding agreement in place among the group members — Strong arguable case — No order for security Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fodare Pty Ltd v Shearn [2009] NSWSC 1140 Its Eco Pty Ltd v BPS Financial Ltd [2022] FCA 842 Mitchell v Roads and Maritime Services (now known as Transport for NSW) [2022] NSWSC 500 Prynew Pty Ltd v Nemeth [2010] NSWCA 94 St Mary's Hog's Pty Ltd v HBCA Pty Ltd [2022] FCA 52 Turner v Tesa Mining (NSW) Pty Ltd (2019) 290 IR 388 Category: Procedural rulings Parties: Keiran Liprini (Plaintiff) Thirdi William Street Pty Ltd (First Defendant) H&M Constructions (NSW) No. 2 Pty Ltd (Second Defendant) Aiken Design and Consulting Pty Ltd (Third Defendant) Kimy Air Conditioning Pty Ltd (Fourth Defendant) Scott Collis Consulting Pty Ltd (Fifth Defendant) David Mathew Aiken (Sixth Defendant) Representation: Counsel: FP Hicks SC with MD Swanson (Plaintiff) T Davie (First Defendant) B Le Plastrier (Second Defendant) G Hayek (Fifth Defendant)