CT Money Pty Ltd & Ors v GJ & SG Thompson Pty Limited & Anor [2011] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: CT Money Pty Ltd & Ors v GJ & SG Thompson Pty Limited & Anor [2011] NSWSC 1468 Hearing dates: Wednesday, 2 November 2011 Decision date: 02 November 2011 Jurisdiction: Equity Division - Commercial List Before: Brereton J Decision: Second cross-claim dismissed with costs Catchwords: SECURITY FOR COSTS - Cross-claimant fails to comply with order for security - cross-defendant applies for dismissal of cross-claim - cross-claimant 'plaintiff' for purposes of (NSW) Uniform Civil Procedure Rules, (2005), r 41.21 - factors relevant to application for dismissal include time since security ordered, ability of cross-claimant to provide security, extent to which cross-claimant notified of dismissal application, prejudice to cross-defendant if stay continued, impact on court if stay continued, ability of cross-claimant to commence new proceedings and prejudice to cross-claimant - time elapsed since order not insignificant in context where cross-defendant required to prepare for trial - cross-claimant on notice of dismissal application - cross-claimant likely never to be able to fund cross-claim - prejudice to cross-defendant in having to prepare for trial on basis that cross-claim could re-emerge if stay lifted - not appropriate occasion for cross-claimant to cavil with merits of security order - cross-claim dismissed. Legislation Cited: (NSW) Civil Procedure Act, s 3 (CTH) Corporations Act, 2001, s 1335 (NSW) Uniform Civil Procedure Rules, (2005), r 42.21 Cases Cited: Battenberg v Union Club [2007] NSWSC 265 Idoport Pty Ltd v National Australia Bank and Others [2002] NSWSC 18 Porter v Gordian Runoff Ltd (No 3) [2005] NSWCA 377 Category: Interlocutory applications Parties: CT Money Pty Ltd (first plaintiff) CT Franchises Pty Ltd (second plaintiff) CT Lending Pty Ltd (third plaintiff) GJ & SG Thompson Pty Limited (first defendant/ cross-claimant/respondent to notice of motion) Darranda Pty Limited (second defendant/ cross-defendant/applicant on notice of motion) Representation: Counsel: Mr S Gray (second defendant/applicant on notice of motion) Mr J O'Connor (first defendant/applicant on notice of motion) Solicitors: Kennedy's (second defendant/applicant on notice of motion) Pigott Stinson Lawyers (first defendant/applicant on notice of motion) File Number(s): 2011/274357