NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Proclear International Pty Ltd v United Beverage Co-Packers Pty Ltd [2023] NSWSC 1633 Hearing dates: 8 December 2023 Date of orders: 8 December 2023 Decision date: 08 December 2023 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Orders made for additional security for costs. Catchwords: COSTS — Security for costs — Relevant factors — Timing — Whether additional security should be ordered — Where defendants allowed plaintiff to prepare claim without notice of further request for security — Quantum — Where amount sought disproportionate to quantum of claim — Additional security awarded in reduced amount Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kupang Resources Pty Ltd v Commonwealth of Australia (No 2) [2023] NSWSC 1337 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: Proclear International Pty Ltd (Plaintiff) United Beverage Co-Packers Pty Ltd (First Defendant) RJ8 Enterprises Pty Ltd (Second Defendant) Michael Gordon (Third Defendant) Representation: Counsel: Mr B Michael (Plaintiff) Mr PT Russell (First and Third Defendants) Mr T Bateman (Second Defendant)
Solicitors: Hall & Wilcox (Plaintiff) Vincent Young Lawyers (First and Third Defendants) Clyde & Co (Second Defendant) File Number(s): 2021/363563
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