Platypus Impact Housing Australia Ltd v Elsegood [2025] NSWSC 114

Supreme Court New South Wales

Medium Neutral Citation: Platypus Impact Housing Australia Ltd v Elsegood [2025] NSWSC 114 Hearing dates: On the papers Decision date: 26 February 2025 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Security for costs to be ordered subject to first defendant paying plaintiff's costs due under earlier order in separate proceedings Catchwords: COSTS – security for costs – common ground that threshold question of whether there is reason to believe plaintiff will be unable to meet an adverse costs order satisfied – whether plaintiff in substance in the position of a defendant – whether order for security should be deferred until defendant pays earlier costs order Legislation Cited: Corporations Act 2001 (Cth) Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commissioner of Taxation v Vasiliades [2016] FCAFC 170 In the matter of Platypus Impact Housing Australia Limited [2024] NSWSC 753 Willey v Synan (1935) 54 CLR 175; [1935] HCA 76 Category: Procedural rulings Parties: Platypus Impact Housing Australia Limited (Plaintiff/Cross-Defendant/Respondent) Jack Barry Elsegood (First Defendant/Cross-Claimant/Applicant) Elsegood Holdings Australia Pty Ltd (Second Defendant/Cross-Claimant/Applicant) Representation: Counsel: E Ball (Plaintiff/Cross-Defendant/Respondent) K Dyon (Defendants/Cross-Claimants/Applicants)

Solicitors: McLachlan Thorpe Partners (Plaintiff/Cross-Defendant/Respondent) Legacy Legal Group (Defendants/Cross-Claimants/Applicants) File Number(s): 2024/241570