In the matter of Skytraders Pty Ltd [2024] NSWSC 984

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Skytraders Pty Ltd [2024] NSWSC 984 Hearing dates: 5 August 2024 Date of orders: 9 August 2024 Decision date: 09 August 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: On the basis of certain undertakings, application for security for costs is dismissed with costs. The parties to bring in short minutes of order to document those undertakings and give effect to this judgment. Catchwords: COSTS — security for costs — whether order should be made for security for costs. Legislation Cited: - Civil Procedure Act 2010 (Vic), s 26 - Corporations Act 2001 (Cth), s 1335 - Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: - All Class Insurance Brokers Pty Ltd (in liq) v Chubb Insurance Australia Ltd [2020] FCA 840 - Cornelius v Global Medical Solutions Australia Pty Ltd (2014) 98 ACSR 301; [2014] NSWCA 65 - Laundry Coin-Wash Nominees Pty Ltd v Dunlop Olympic Ltd (1985) 7 ATPR 40-584 - Narradine Pty Ltd v Mascot Steel and Tools Pty Ltd [2012] NSWSC 385 - Polstead Pty Ltd (in liq) v Shah [2009] NSWSC 560 - Re Australian Style Holdings Pty Ltd as trustee of the Australian Style Investments Unit Trust [2018] NSWSC 1368 - Re Colorado Products Pty Ltd (in prov liq) [2013] NSWSC 611 - Re Felan's Fisheries Pty Ltd [2016] NSWSC 1351 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 - Szanto v Bainton [2011] NSWSC 985 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2009] NSWSC 563 - Wollongong City Council v Legal Business Centre Pty Ltd [2012] NSWCA 245 Category: Procedural rulings Parties: Thenford Consulting Pty Ltd (Plaintiff) Norman Farquhar Mackay (First Defendant/First Defendant to Cross-Claim/Applicant) Scarp Nominees Pty Ltd (Second Defendant/Second Defendant to Cross-Claim/Applicant) Premier Aviation Holdings Pty Ltd (Third Defendant/Cross-Claimant) Hielands Investments Pty Ltd (Fourth Defendant/Third Defendant to Cross-Claim/Applicant) Skytraders Pty Ltd (Fifth Defendant/Fourth Defendant to Cross-Claim) Representation: Counsel: M R Hodge KC/N Oreb (Plaintiff/Respondent) S Robertson/J Anderson (First, Second and Fourth Defendants/Applicants) K Fraser (Third Defendant/Cross-Claimant)