Hardie Holdings Pty Limited v State of New South Wales [2012] NSWSC 1152

Supreme Court New South Wales

Medium Neutral Citation: Hardie Holdings Pty Limited v State of New South Wales [2012] NSWSC 1152 Hearing dates: 27/8/2012 Decision date: 25 September 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiffs are to file and serve an amended statement of claim within 28 days. (2) The plaintiffs are to pay the defendant's costs thrown away by the amendments. (3) The eighth plaintiff is to provide security for costs in the form of the title deeds to their property known as "Goonama". (4) The parties are to bring in short minutes of orders to give effect to these reasons in relation to security for costs. (5) Costs of the defendant's notice of motion filed 6 September 2011 are reserved. Catchwords: SECURITY FOR COSTS - application by defendant for security for costs - applicable principles - where at least one plaintiff has sizeable asset in the form of land holding - defendant estimated large costs - application for security granted

PLEADINGS - application for leave to amend statement of claim - agreement between parties - plaintiffs to amend statement of claim within 28 days Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth of Australia v Griffiths [2007] NSWCA 370; (2007) 70 NSWLR 268 Gwandalan Summerland Point Action Group Inc v Minister for Planning [2009] NSWLEC 140 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Maritime Services Board of New South Wales v Citizens Airport Environment Association Inc (Court of Appeal, 23 December 1992, unreported) Oshlack v Richmond River Council (1998) 193 CLR 72 Texts Cited: G E Dal Pont, Law of Costs, (2003) LexisNexis Butterworths Category: Procedural and other rulings Parties: Hardie Holdings Pty Limited (First Plaintiff) Cessnock Land Pty Limited (Second Plaintiff) Hardie Greta Pty Limited (Third Plaintiff) Hardie King Pty Ltd (formerly Fame Cove Four Pty Ltd) (Fourth Plaintiff) Fame Cove Three Pty Limited (Fifth Plaintiff) Stanford Land Pty Limited (Sixth Plaintiff) Hardie Sanctuary Pty Limited (Seventh Plaintiff) Biodiversity Land Pty Limited (formerly Eco Trades Pty Limited) (Eighth Plaintiff) Dalbell Pty Limited (Ninth Plaintiff) Nersu Pty Limited (Tenth Plaintiff) Hardie Garnet Pty Limited (Eleventh Plaintiff) Duncan John Hardie (Twelfth Plaintiff) State of New South Wales (Defendant) Representation: M Cashion SC with T Rickard (Plaintiffs) G Craddock SC with S Callan (Defendant) C G Taylor & Son Solicitors (Plaintiffs) Crown Solicitor (Defendant) File Number(s): 2011/67050