DJZ Constructions Pty Ltd v Paul Pritchard trading as Pritchard Law Group [2009] NSWSC 359

New South Wales Supreme Court

CITATION : DJZ Constructions Pty Ltd v Paul Pritchard trading as Pritchard Law Group [2009] NSWSC 359

HEARING DATE(S) : 4 May 2009

JUDGMENT DATE : 7 May 2009

JUDGMENT OF : Schmidt AJ

1. That the plaintiff provide further security for the defendant's costs, such security to be provided on the following terms: 1.1 In the amount of $50,000. DECISION : 1.2 By way of a bank guarantee issued by a bank incorporated in Australia. 1.3. Such guarantee to contain a provision, or a provision substantially to the effect, that the funds secured by the guarantee are to be released by order of the Court and as directed by the Court. 2. That these proceedings be stayed until such time as further security has been provided by the plaintiff in accordance with order 1 above.

CATCHWORDS : PROCEDURE - costs - security for costs - defendant seeking further security for costs - security previously provided by consent - parties agreed that further costs should be ordered - whether further security should have regard to costs incurred since first security provided - further security ordered

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Antonias Pty Ltd v Matthew Lepouris Pty Ltd [2004] NSWSC 654 Buckley v Bennell Design & Constructions (1974) 1 ACLR 301 Electrona v Carbide Industries Pty Ltd and Anor v The Tasmanian Government Insurance Board and Others (1985) TAS.R. 68 CASES CITED : ICETV Pty Ltd v Ross [2007] NSWSC 1232 K P Cable Investments Pty Ltd v Meltglow Pty Ltd & Ors (1995) 56 FCR 189 Rhema Ventures Pty Ltd v Stenders [1993] 2 Qd R 326 Southern Cross Exploration NL and Others v Fire & All Risks Insurance Co Ltd and Others (1985) 1 NSWLR 114