Kealy v SHD Services Pty Limited as Trustee of the SHDS Unit Trust and Ors [2011] NSWSC 709

Supreme Court New South Wales

Medium Neutral Citation: Kealy v SHD Services Pty Limited as Trustee of the SHDS Unit Trust and Ors [2011] NSWSC 709 Hearing dates: 6 July 2011 Decision date: 07 July 2011 Jurisdiction: Common Law Before: Johnson J Decision: With respect to the Notice of Motion filed 29 April 2011, the following orders are made: 1. Pursuant to Rule 42.21(1) (a) Uniform Civil Procedure Rules 2005 , the Plaintiff, within 14 days of today, is to provide security for the Defendants' costs of an incidental to these proceedings by paying into Court the sum of $AU40,000.00. 2. Until such security is given, the proceedings are stayed. 3. The Defendants are granted liberty to apply in the event of default in Order 1 by the Plaintiff, so that the Defendants can move the Court for an order that the proceedings be dismissed. 4. Costs are to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE - security for costs - Plaintiff returns to Ireland while proceedings on foot - no longer ordinarily resident in New South Wales - protection of Defendants from unacceptable disadvantage resulting from Plaintiff leaving jurisdiction - order made confined to costs of enforcement of judgment in Ireland Legislation Cited: Foreign Judgments Act 1991 (Cth) Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: PS Chellaram & Co v China Ocean Shipping Co (1991) 102 ALR 321 Energy Drilling Inc v Petroz NL (1989) ATPR 40-954 Re Bryan Fencott v Eretta Pty Limited [1987] FCA 102 Category: Interlocutory applications Parties: Cian Kealy (Plaintiff) SHD Services Pty Limited as Trustee of the SHDS Unit Trust (First Defendant) Brian Boyd (Second Defendant) Mark Morgan (Third Defendant) Representation: Counsel Mr IC Latham (Plaintiff) Mr AC Casselden (Defendant) Solicitors McArdle Legal (Plaintiff) Morgan Lewis (Defendants) File Number(s): 2009/298002