Litigation Fund WCX Pty Ltd v Aversa [2024] NSWSC 1348

Supreme Court New South Wales

Medium Neutral Citation: Litigation Fund WCX Pty Ltd v Aversa [2024] NSWSC 1348 Hearing dates: 25 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The plaintiff is to provide security for costs in the sum of $30,000. 2. The security is to be provided within 14 days. 3. The security may be provided by any one of the following means: (i) Payment into court. (ii) A bank guarantee. (iii) A deposit bond. 4. If the security is not provided as ordered above, the proceedings are stayed pending further order. 5. The parties have liberty to restore the matter in respect of the above orders. 6. Costs of the Notice of Motion be costs in the cause. Catchwords: COSTS – security for costs – relevant factors – where previous security for costs motion was dismissed – where there has been a material change in the relevant circumstances – impecuniosity of the plaintiff – plaintiff to provide security for costs Legislation Cited: Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Feltafield Pty Ltd v Heidelberg Graphic Equipment (Unreported, Federal Court of Australia, Beazley J, 12 August 1994) Category: Procedural rulings Parties: Litigation Fund WCX Pty Ltd (Plaintiff) Rosario Aversa (First Defendant) Antonia Aversa (Second Defendant) Representation: Counsel: Mr R Hanrahan (Plaintiff) Mr D Eardley (Defendants)