The Old Kiama Wharf Company Pty Ltd v Betohuwisa Investments Pty Limited & Anor [2011] NSWSC 214

Supreme Court New South Wales

Medium Neutral Citation: The Old Kiama Wharf Company Pty Ltd v Betohuwisa Investments Pty Limited & Anor [2011] NSWSC 214 Hearing dates: 18 March 2011 Decision date: 25 March 2011 Before: Pembroke J Decision: See paragraph [15] Catchwords: SECURITY FOR COSTS - significance of delay - discretion - application refused Cases Cited: Buckley v Bennett Design & Constructions Pty Ltd (1974) 1 ACLR 301 Category: Principal judgment Parties: The Old Kiama Wharf Company Pty Ltd (in liquidation) - plaintiff Betohuwisa Investments Pty Limited - first defendant Warwick Colbron - second defendant Representation: Counsel: M J Cohen - for the plaintiff D Robertson - for the first defendant Warwick Colbron - litigant in person Solicitors: Eakin McCaffery Cox - for the plaintiff Guardian Legal - for the first defendant Colbron & Associates - for the second defendant File Number(s): 2010/00211417

Judgment

Introduction 1This is an application for security for costs by the first and second defendants. The proceedings were commenced by summons filed on 30 June 2010. They have now been expedited and a final hearing has been fixed for three days commencing on 12 July 2011. The plaintiffs' evidence is complete. It is largely documentary. The affidavit or affidavits on which it relies, together with an index of the documents which it proposes to tender, have been served on the defendants. All that remains is that the first and second defendants are required to serve all affidavit evidence, including expert evidence, on which they rely by 15 April 2011. The applications for security for costs were filed on 8 and 15 March 2011 although they had been foreshadowed beforehand.