NSW Caselaw
New South Wales Supreme Court
CITATION : Funds First Pty Ltd & 2 ors v Owners Corporation Strata Plan 66609 & 10 ors (No. 2) [2008] NSWSC 428
HEARING DATE(S) : 17 March 2008 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 17 March 2008
DECISION : Motion for security dismissed with costs.
CATCHWORDS : COSTS – Security for costs – corporate impecuniosity – where plaintiff is a corporate trustee – absence of evidence that plaintiff will have recourse to trust assets – where there is another plaintiff against whom security would not be ordered – where no real practical probability that costs order might be made against corporate plaintiff alone - where joinder of corporate plaintiff does not significantly expand case.
LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules, r 42.21 (CTH) Corporations Act 2001, s 1335
CATEGORY : Procedural and other rulings
Beach Petroleum NL v Johnson [1992] FCA 110; (1992) 7 ACSR 203 Equity Access Ltd v Westpac Banking Corporation (1989) ATPR 40-972 KDL Building Pty Ltd v Mount [2006] NSWSC 474 CASES CITED : Lagarna Pty Ltd v Bridge Wholesale Acceptance Corporation (Australia) Ltd [1995] 1 VR 150 Laundry Coin-Wash Nominees Pty Ltd v Dunlop Olympic Ltd (1985) ATPR 40-584 Prestige Sunglasses Pty Ltd v Bernhaut Nominees Pty Ltd (1985) 9 FCR 13 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 World Class Alpacas Pty Ltd (ACN 056 236 947) v Ostrich Farms (Cook Islands) Ltd; De Vere & Chanesman [1997] FCA 1193
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