Hip Wo Pacific v Sun-Forbes [2005] NSWSC 1172

New South Wales Supreme Court

CITATION : Hip Wo Pacific v Sun-Forbes [2005] NSWSC 1172

HEARING DATE(S) : 15 November 2005

JUDGMENT DATE : 21 November 2005

JURISDICTION : Common Law Division

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The plaintiff is to provide security for costs of the defendant in the sum of $45,000 in the form acceptable to the Registrar within 28 days otherwise the proceedings are to be stayed until such sum is paid; (2) Costs are reserved.

CATCHWORDS : Strike out statement of claim - security for costs - particulars

LEGISLATION CITED : Rules 13.4(1), 14.28(1) & 42.21 UCPR

Idaport Pty Limited v National Australia Bank Limited [2000] NSWSC 744 CASES CITED : Yorke v Lucas (1985) CLR 661

Hip Wo Pacific Herbal Company Pty Limited (ACN 094 667 302) (Plaintiff) PARTIES : Lijia Sun-Forbes (Defendant)

FILE NUMBER(S) : SC 20181/2005

Mr Anthony Britt (Plaintiff) COUNSEL : Mr Mark Lawson (Defendant)

Truman Hoyle Lawyers (Plaintiff) SOLICITORS : Heazlewoods Bushby International (Defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

MONDAY, 21 NOVEMBER 2005

20181/2005 - HIP WO PACIFIC HERBAL COMPANY PTY LIMITED (ACN 094 667 302) v LIJIA SUN-FORBES

JUDGMENT (Strike out statement of claim - security for costs - particulars) 1 HER HONOUR: By notice of motion filed 10 October 2005 the defendant seeks firstly, an order that the statement of claim be struck out on the grounds that there is no reasonable cause of action due to questions of law pursuant to Rule 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) or Rule 14.28(1) of the UCPR; secondly, in the alternative, an order that the plaintiff provide security as to costs in the event that the plaintiff's claim is unsuccessful; and thirdly an order that the plaintiff to properly answer the request for further and better particulars furnished on the plaintiff on 30 June 2005. 2 The plaintiff is Hip Wo Pacific Herbal Company Pty Limited (ACN 094 667 302). It did not rely upon any affidavit evidence. The defendant is Lijia Sun-Forbes. The defendant relied on three affidavits of Leigh Marian Turner sworn 10 October 2005, 2 November 2005 and 8 November 2005.