Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 7) [2024] NSWSC 1205

Supreme Court New South Wales

Medium Neutral Citation: Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 7) [2024] NSWSC 1205 Hearing dates: On the papers; written submissions 5 September 2024 Date of orders: 24 September 2024 Decision date: 24 September 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Unsuccessful applicant for security to pay 80% of respondent's costs; costs to be payable forthwith; gross sum costs order refused Catchwords: COSTS – unsuccessful application for security for costs – costs to follow the event – where applicant for security successful on some issues – whether costs should be payable forthwith – whether a gross sum costs order should be made Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 3) [2024] NSWSC 21 Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 4) [2024] NSWSC 657 Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 5) [2024] NSWSC 714 Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 6) [2024] NSWSC 958 Nature's Care Holdings Pty Ltd v Chen (No 4) [2024] NSWSC 379 Wang v Cai (No 2) [2021] NSWSC 1268 Category: Costs Parties: Metro Environmental Logistics Pty Ltd (Plaintiff/Respondent) Newcastle Port Corporation trading as Port Authority of New South Wales (Defendant/Applicant) Representation: Counsel: S T White SC/D Tynan (Plaintiff/Respondent) J A Hogan-Doran/A A Cameron (Defendant/Applicant)