International Greetings (UK) Ltd (formerly Scandinavian Design Ltd) v Stansfield [2010] NSWSC 461

New South Wales Supreme Court

CITATION : International Greetings (UK) Ltd (formerly Scandinavian Design Ltd) v Stansfield [2010] NSWSC 461

HEARING DATE(S) : 11 May 2010

JUDGMENT DATE : 14 May 2010

JURISDICTION : Equity

JUDGMENT OF : Biscoe AJ

DECISION : (1) Plaintiff to provide further security for costs in the sum of $40,000; (2) order 1 is stayed until the defendants serve their evidence; (3) the costs of the defendants' interlocutory process for security for costs are costs in the cause; (4) the exhibits may be returned; (5) Direct (a) defendants to serve their evidence by 7 June 2010; (b) plaintiff to serve any evidence in reply by 10am 28 June 2010; (c) list the matter before Registrar on 30 June 2010 to set the matter down for hearing.

CATCHWORDS : SECURITY FOR COSTS - plaintiff ordinarily resident outside jurisdiction - defendants' second application for security for costs overlapping in part with security agreed on first application - discretionary considerations

Civil Procedure Act 2005 LEGISLATION CITED : Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005

Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Buckley v Bennell Design and Constructions Pty Ltd (1974) 1 ACLR 301 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 CASES CITED : K P Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Loreva Pty Ltd v Cefa Associated Agencies Pty Ltd (1982) 7 ACLR 164 P S Chellaram & Co Ltd v China Ocean Shipping Company [1991] HCA 36, 102 ALR 321 Pioneer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344, 65 ACSR 383 Western Export Services Inc v Jireh International Pty Ltd [2008] NSWSC 601