Hansen v Pennefather [2003] NSWSC 1049

New South Wales Supreme Court

CITATION : Hansen v Pennefather [2003] NSWSC 1049 HEARING DATE(S) : 7 November 2003 JUDGMENT DATE : 14 November 2003

JURISDICTION: Common Law Division Professional Negligence List JUDGMENT OF : Studdert J DECISION : (1) That the plaintiff provide security for costs to the defendant for costs of and incidental to the proceedings and that proceedings be stayed until the security is given. (2) That such security be in an amount of $30,000. (3) That such security be paid into court and the registrar directed to deposit such security into an interest bearing account with an Australian bank. (4) In the alternative to order (3), that such security be provided by means of an irrevocable bank guarantee in favour of the defendant. (5) Liberty to apply, if need be, as to the manner of provision of security. (6) Order that the costs of the motion be defendant's costs in the cause.

CATCHWORDS : Practice and procedure - application for security for costs - whether applicant insured of relevance - exercise of discretion. Brookfield & Anor v Davey Products Pty Limited & Ors (unreported, Federal Court of Australia, 7 April 1994) Jeffcott Holdings Limited (In Liq) v Paior & Anor 14 ACSR 239 CASES CITED : Quichorn Pty Limited v Broad & Anor (unreported, Supreme Court of Victoria, 24 January 1994) Remm Construction (SA) Pty Limited v Allco Newsteel Pty Limited & Ors (1992) 57 SASR 180 Rickard Constructions Pty Limited v Bonacci Rickard [2000] NSWSC 1124 PARTIES : Judith Hansen (Plaintiff) Leisa Pennefather (Defendant) FILE NUMBER(S) : SC 20284/01 COUNSEL : R. Lovas (Plaintiff) G. Curtin (Defendant) SOLICITORS : Carroll & O'Dea (Plaintiff) Sparke Helmore (Defendant)