Chapel Road Pty Limited v Australian Securities Investments Commission (No 8) [2012] NSWSC 737

Supreme Court New South Wales

Medium Neutral Citation: Chapel Road Pty Limited v Australian Securities Investments Commission (No 8) [2012] NSWSC 737 Hearing dates: 21 May 2012 Decision date: 11 July 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The defendant is to pay the plaintiff's costs of the security motion, as agreed or assessed. 2. The costs of the amendment motion and the costs thrown away as the result of the amendment to be the plaintiff's costs in the proceedings. Catchwords: PROCEDURE - costs - security motion - amendment motion - orders made Legislation Cited: Civil Procedure Act 2005 Cases Cited: Chapel Road Pty Limited v Australian Securities Investments Commission (No 2) [2012] NSWSC 511 Chapel Road Pty Limited v Australian Securities Investments Commission (No 3) [2012] NSWSC 584 Category: Procedural and other rulings Parties: Chapel Road Pty Limited (Plaintiff) Australian Securities Investments Commission (Defendant) Representation: Counsel: Mr B Toomey QC (Plaintiff) Mr J Clarke (Defendant) Solicitors: Creagh & Creagh (Plaintiff) Ashurst Australia (Defendant) File Number(s): 2006/266784 Publication restriction: None Decision under appeal Jurisdiction: 9101

Judgment 1By judgment given on 17 May 2012, I dismissed a motion brought by the defendant seeking orders for further security, concluding that an undertaking as to security offered should be accepted (see Chapel Road Pty Limited v Australian Securities Investments Commission (No 2) [2012] NSWSC 511). By further judgment of 1 June 2012, I gave the plaintiff leave to amend its statement of claim, over the defendant's objections (see Chapel Road Pty Limited v Australian Securities Investments Commission (No 3) [2012] NSWSC 584). 2The parties did not agree as to the appropriate orders as to costs in either case.