Duynstee v Dickins [2011] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: Duynstee v Dickins [2011] NSWSC 408 Hearing dates: 6 April 2011 Decision date: 12 May 2011 Before: Price J Decision: 1. The application for leave to appeal and the appeal is stayed until the plaintiff provides security for the defendants' costs by paying into court the sum of $57,709.03, or by otherwise providing security for that amount in a manner satisfactory to the defendants. 2. The security is to be provided before 2 June 2011, on which date the matter is listed before the Registrar to fix a date for hearing of the application for leave to appeal and the appeal, or, in the event that the security has not been provided for an order for dismissal of the application for leave to appeal and the appeal. 3. The plaintiff is to pay the defendants' costs of the motion. Catchwords: Appeal from Local Court - power to order stay of appeal until security for costs is given - principles applicable - failure by a party to meet previous cost orders - interests of justice - consideration of past and anticipated costs. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 District Court Act 1973 District Court Rules 1973 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Byrnes v John Fairfax Publications Pty Ltd [2006] NSWSC 251 Duynstee v Dickens & Dickens [2009] NSWSC 292 Morris v Hanley [2000] NSWSC 957 Philips Electronics Australia Pty Ltd v Matthews [2002] NSWCA 157; (2002) 54 NSWLR 598 Rajski v Computer Manufacture and Design Pty Ltd (1982) 2 NSWLR 443 Category: Interlocutory applications Parties: Antonius Duynstee (Plaintiff) Neil & Roma Dickins (Defendants) Representation: P Moorhouse (Plaintiff) L Gor (Defendants) Caldwell Martin Cox (Plaintiff) Bryan Gorman & Co (Defendants) File Number(s): 2010/421865