Walshah Pty Limited v Nando's Australia Pty Limited [2013] NSWSC 112

Supreme Court New South Wales

Medium Neutral Citation: Walshah Pty Limited v Nando's Australia Pty Limited [2013] NSWSC 112 Hearing dates: 20 February 2013 Decision date: 22 February 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The plaintiff is to provide security for the defendants' costs up to and including the amount of $360,000, in a form acceptable to the Registrar. 2. In the event that the plaintiff does not provide such security within 14 days of this order, the proceedings on the statement of claim are to be stayed until such security is provided. 3. The defendants have liberty to apply for further security, in the event that the security ordered proves to be insufficient. 4. The plaintiff is to bear the defendants' costs of this motion, as agreed or assessed. Catchwords: PROCEDURE - costs - security for costs - plaintiff - whether jurisdictional condition has been met - security to be ordered - order made Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Livingspring Pty Ltd v Kliger Partners [2008] VCA 93; (2008) VR 377 Category: Procedural and other rulings Parties: Walshah Pty Ltd ACN 120 163 331 (Plaintiff) Nando's Australia Pty Limited ACN 079 066 407 (First Defendant) Carlos Antonius (Second Defendant) Representation: Counsel: Mr JC Giles (Defendant) Solicitors: Norton Rose (Defendant) File Number(s): 2012/228173 Publication restriction: None