eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2013] NSWSC 410

Supreme Court New South Wales

Medium Neutral Citation: eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2013] NSWSC 410 Hearing dates: 9 and 11 April 2013; written submissions 17 April 2013 Decision date: 24 April 2013 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: The plaintiff to provide security for costs Catchwords: PRACTICE AND PROCEDURE - application for security for costs - impecunious corporate plaintiff - personal undertaking to be liable for costs - insufficient resources - whether defendants' conduct adversely affected plaintiff's ability to meet costs order and resist application for security - whether bringing of application an abuse of process - whether order would stultify proceedings Legislation Cited: Conveyancing Act 1919 Cases Cited: Ballard v Brookfield Australia Investments Ltd [2013] NSWCA 18 Epping Plaza Fresh Fruit & Vegetables Pty Ltd v Bevendale Pty Ltd [1999] 2 VR 191 Jazabas Pty Ltd v Haddad [2007] NSWCA 291 Jones v Dunkel (1959) 101 CLR 298 Yandil Holdings Pty Ltd v Insurance Co of North America (1985) 3 ACLC 542 Texts Cited: Cross on Evidence, Looseleaf, Aust ed Category: Interlocutory applications Parties: eInduct Systems Pty Ltd (plaintiff) 3D Safety Services Pty Ltd (first defendant) Anthony Ian Conacher (second defendant) Simon Paul Morrow (third defendant) 3D Safety Systems Pty Ltd (fourth defendant) Wishbone Consulting Pty Ltd (fifth defendant) Representation: Counsel: M R Elliott (plaintiff) K Andronos with S Keizer (defendants) Solicitors: Turtons Lawyers (plaintiff) Henry Davis York (defendants) File Number(s): SC 2012/323876 Publication restriction: Nil