HP Mercantile Pty Ltd v Anthony William Andrew [2013] NSWSC 1535

Supreme Court New South Wales

Medium Neutral Citation: HP Mercantile Pty Ltd v Anthony William Andrew [2013] NSWSC 1535 Hearing dates: 4 October 2013 Decision date: 23 October 2013 Jurisdiction: Equity Division Before: Robb J Decision: (1) Order the plaintiff to provide security for the costs of the 35 defendants on whose behalf the application was made in accordance with pars 35, 37 and 38 of these reasons for judgment. (2) Direct the parties to bring in short minutes to put into effect these reasons for judgment. (3) The court will hear the parties as to costs. Catchwords: SECURITY FOR COSTS APPLICATION - defendants seek security for costs in 35 separate but substantially similar actions commenced by plaintiff - claim against one of the defendants taken as representative example - future conduct of the proceedings and court management uncertain at present - acceptance by plaintiff that it could not meet costs orders made against it in main proceedings in relation to all 35 defendants - whether there are discretionary reasons not to make an order for security for costs - likely length of time allocated by court to hearing - whether costs already incurred by defendants to be included in security. Legislation Cited: Corporations Act 2001 (Cth) Credit (Administration) Act 1984 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 87 HP Mercantile Pty Ltd v Dierickx & Ors [2012] NSWSC 1005 Category: Interlocutory applications Parties: HP Mercantile Pty Ltd (Plaintiff and Respondent) Anthony William Andrew (Defendant and Applicant) Representation: Counsel: S Golledge (Plaintiff and Respondent) A D'Arville (Defendant and Applicant) Solicitors: Versace McKenzie Lawyers Pty Ltd (Plaintiff and Respondent) Legal & Commercial Solutions (Defendant and Applicant) File Number(s): 2012/194010