T &M Holdings Group Pty Ltd v Hutchinson Telecommunications (Australia) Limited [2007] NSWLC 23

Local Court of New South Wales

CITATION: T &M Holdings Group Pty Ltd v Hutchinson Telecommunications (Australia) Limited [2007] NSWLC 23 JURISDICTION: Civil PARTIES: T &M Holdings Group Pty Ltd Hutchinson Telecommunications (Australia) Limited FILE NUMBER: 833/07 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 07/06/2007 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Contract dispute - Security for costs LEGISLATION CITED: Uniform Civil Procedure Act Trade Practices Act CASES CITED: Buckley v Bennell Design & Construction Pty Ltd (1974) 1ACLR 301

Mr T. Liristis (Solicitor for Plaintiff/Respondent) REPRESENTATION: Mr Turnbull (Counsel for Defendant/Applicant) Truman Hoyle (Solicitors for Defendant/Applicant) ORDERS: The plaintiff is to provide security for the defendant's costs by paying into court the sum of $20,000 or by otherwise providing security for that amount in a manner satisfactory to the defendant. Until that security is provided, there will be a stay of the proceedings. The security is to be provided before 17 August 2007, on which date the matter is to be listed before the court for consequential orders, or, in the event that the security has not been provided, an order for the dismissal of the proceedings under r 42.21(3); All orders currently in place for the case management of the proceedings are presently stayed until the motion seeking security for costs is determined; Costs follow the event. The plaintiff is to pay the defendant's costs and disbursements of the motion as agreed or assessed. In default of agreement within 28 days, costs are to be assessed under the Legal Profession Act.