CA Australia v WA Jacobs [2012] NSWSC 262

Supreme Court New South Wales

Medium Neutral Citation: CA Australia v WA Jacobs [2012] NSWSC 262 Hearing dates: 16/03/2012 Decision date: 22 March 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: Dismiss motion filed 17/01/12 with costs. Catchwords: Review of Registrar's decision on provision of security for costs. Decision of Registrar was appropriate in the circumstances. Legislation Cited: Sale of Goods Act 1923 (NSW) Cases Cited: Tomko v Palasty (No 2) [2007] NSWCA 369 Dae Boong International Co Pty Ltd v Gray [2009] NSWCA 11 of National Biofuels Group Pty Ltd v Elbow River Marketing Ltd [2009] FCA 613 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Category: Principal judgment Parties: CA Australia Pty Ltd v WA Jacobs Toymaker (Asia) Ltd Representation: M Pesman for plaintiff McLaughlin & Riordan for plaintiff Sydun & Co Solicitors for defendant File Number(s): 2011/332801

Judgment 1This is the hearing of a notice of motion filed on 17 January 2012 in which the defendant/cross-claimant seeks a review of a decision of Registrar Musgrave on 21 December 2011. 2The learned Registrar was dealing with a notice of motion filed 11 November 2011 in which the plaintiff/cross-defendant sought that the defendant/cross-claimant provide security for costs in respect of the cross-claim which had been brought by way of cross-summons. 3The Registrar dealt with the matter on 21 December 2011 and ordered the cross-claimant to pay $35,000 as security for costs, plus costs and stayed the cross-claim pending payment of the security. It is from that decision that the present review is brought. 4There were estimates of costs put before the Registrar of $52,600 and concessions were made that an appropriate amount was somewhat less. There is no dispute with the amount the Registrar has ordered which is plainly reasonable. The only question is whether there should be an order for security.