Jaydan Pty Ltd v You Move Me Group Pty Ltd [2024] NSWDC 278

District Court New South Wales

Medium Neutral Citation: Jaydan Pty Ltd v You Move Me Group Pty Ltd [2024] NSWDC 278 Hearing dates: 1 March, 19 April, 10 May and 28 June 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Civil Before: Cole DCJ Decision: (1) Within 28 days of the date of this order, the plaintiff is to provide security for the defendants' costs pursuant to rule 42.21 of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR') and section 1335(1) of the Corporations Act 2001 (Cth) by paying into Court the sum of $73,000. (2) The proceedings are stayed in accordance with rule 42.21 UCPR and s 67 of the Civil Procedure Act 2005 (NSW) until the plaintiff provides security in accordance with order (1). (3) In the event that security for costs in accordance with order (1) is not provided within 28 days, the statement of claim will be dismissed. (4) The defendants have liberty to apply for additional security for costs at any stage of these proceedings. (5) The application filed on 15 December 2023 by the plaintiff/cross-defendant for security for costs from the first defendant/cross-claimant is dismissed. (6) The application filed on 15 August 2023 by the plaintiff for the placement of the matter in the "not ready list" pending further orders is refused. Catchwords: COSTS — Security for costs — Legal nature of the plaintiff — Plaintiff is a company – Plaintiff seeks stay of indefinite duration Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Corporations Act 2001 (Cth), ss 601AH(5), 1335(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Galati v Deans [2018] NSWSC 1600 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 Odyssey Financial Management Pty Ltd v QBE Insurance (Australia) Ltd [2012] NSWCA 113 Treloar Constructions Pty Ltd v McMillan [2016] NSWCA 302 Ward v Westpac Banking Corporation Ltd [2023] NSWCA 11 Category: Procedural rulings Parties: Jaydan Pty Ltd (Plaintiff) You Move Me Group Pty Ltd (First Defendant/Cross-Claimant) Doron Goldbarsht (Second Defendant) Idan Eliyahu (Cross-Defendant) Representation: Solicitors: