Shepherds Producers Co-Operative Ltd (In Liquidation) v Lamont [2009] NSWSC 798

New South Wales Supreme Court

CITATION : Shepherds Producers Co-Operative Ltd (In Liquidation) v Lamont [2009] NSWSC 798

HEARING DATE(S) : 30 July 2009

JUDGMENT DATE : 12 August 2009

JURISDICTION : Equity

JUDGMENT OF : Tamberlin AJ

DECISION : 1. The motion be returnable instanter. 2. Until further order, pursuant to rule 42.21(1) of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff pay to the Court a security for the fourth and fifth defendants' costs of the proceedings, being $450,000 payable in three equal tranches on the following dates: 19 August 2009, 19 December 2009 and 19 April 2010. 3. Pursuant to Part 41 rule 41.7(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW), the registrar is directed to pay the funds in court to the Public Trustee for payment into an interest bearing account in the Public Trustee common fund. 4. The costs of this application will be costs in the cause. 5. Liberty to apply on two days notice.

CATCHWORDS : CORPORATIONS - security for costs - quantum - reasonable assessment

Corporations Act 2001 (Cth) LEGISLATION CITED : Co-Operatives Act 1992 Uniform Civil Procedure Rules 2005

CATEGORY : Separate question

Shepherds Producers Co-Operative Limited (In Liquidation) ABN 79 623 512 (Plaintiff/Respondent) John Scott Lamont (First Defendant) PARTIES : Anthony John Lehman (Second Defendant) John Thomson McCormack (Third Defendant) Scott Bradley (Fourth Defendant/Applicant) Kerry Ann Hall (Fifth Defendant/Applicant)

FILE NUMBER(S) : SC 50175/2008

M Speakman SC (Plaintiff/Respondent) COUNSEL : C R C Newlinds SC (Fourth and Fifth Defendants/Applicants) D MacFarlane (Fourth and Fifth Defendants/Applicants)