NSW Caselaw
New South Wales Supreme Court
CITATION : Baycorp Capital Ltd v Dex Consulting Pty Ltd [2010] NSWSC 156
HEARING DATE(S) : 5 March 2010 & 11 March 2010.
JUDGMENT DATE : 11 March 2010
JUDGMENT OF : Davies J
DECISION : (1) The Plaintiff is to provide security for costs in the sum of $75,000 by payment into Court on the following basis: (a) $25,000 by 25 March 2010; (b) $25,000 by 23 September 2010; (c) $25,000 by 25 February 2011. (2) In respect of each date mentioned in Order (1), if the full amount is not paid by that date the proceedings are stayed until payment is made. (3) The Plaintiff is to pay the Defendants' costs of the Notice of Motion. (4) Liberty to apply to my Associate to vary the dates for payment on 3 days' notice.
CATCHWORDS : PROCEDURE - costs - security for costs - company with no assets or liabilities - company formed for the purpose of the venture in respect of which Defendants are sued - company not alleged to be worse off as a result of acts of Defendants - allegation that Defendants deprived the Plaintiff of making profits - undertaking by person standing behind the Plaintiff - no stultification if security for costs ordered - security ordered in stages.
Corporations Act 2001 (Cth) LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
AP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Brundza v Robbie & Co (No. 2) (1952) 88 CLR 171 Fat-sel Pty Ltd v Brambles Holdings Ltd (1985) ATPR 40-544 Fiduciary Ltd v Morningstar Research Pty Ltd (2004) 208 ALR 564; [2004] NSWSC 664 CASES CITED : Jazabas v Haddad [2007] NSWCA 291; [2008] 65 ACSR 276 M A Productions Pty Ltd v Austarama Television Pty Ltd (1982) 7 ACLR 97 Pinewood Park Pty Ltd (In Liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344; [2008] 65 ACSR 383 Reches Pty Ltd v Tadarin Ltd (1998) 155 ALR 478 Transocean Capital Pty Ltd v AFSIG Pty Ltd (2006) NSWSC 806 Yandil Holdings Pty Ltd v Insurance Co. of North America (1985) 3 ACLC 542
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