Statewide Developments Realty Pty Ltd v The Owners Corporation, SP 77457 & Ors [2013] NSWSC 1750

Supreme Court New South Wales

Medium Neutral Citation: Statewide Developments Realty Pty Ltd v The Owners Corporation, SP 77457 & Ors [2013] NSWSC 1750 Hearing dates: Friday, 15 November 2013 Decision date: 15 November 2013 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [31] and [32] of judgment. Catchwords: PROCEDURE - costs - security for costs - discretion whether to make an order for security for costs - impecuniosity of plaintiff allegedly a result of defendants' actions the subject of litigation - recoverability of receivables shown on plaintiff's balance sheet - lack of evidence by which to assess the strength of the plaintiff's case - costs of security for costs application - no evidence that ordering security would frustrate litigation - security ordered Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Fiduciary Ltd v Morningstar Research Pty Ltd [2004] NSWSC 664 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Bell Wholesale Co Pty Ltd v Gates Export Corporation (1984) 2 FCR 1; (1984) 52 ALR 176 Category: Interlocutory applications Parties: Statewide Developments Realty Pty Ltd (Plaintiff) The Owners Corporation, SP 77457 (1st Defendant) The Owners Corporation, SP 77759 (2nd Defendant) The Owners Corporation, SP 77560 (3rd Defendant) The Owners Corporation, SP 77565 (4th Defendant) The Owners Corporation, SP 77916 (5th Defendant) The Owners Corporation, SP 77949 (6th Defendant) The Owners Corporation, SP 77740 (7th Defendant) The Owners Corporation, SP 77725 (8th Defendant) The Owners Corporation, SP 77648 (9th Defendant) The Owners of Townhouses in Building F (set out in schedule 1) (10th - 24th Defendants) The Owners of Townhouses in Building L (set out in schedule 2) (25th - 35th Defendants) Paul Joseph Manaugh (36th Defendant) Su Ming Yang (37th Defendant) The Maurel Property Pty Ltd (38th Defendant) Yonghong Zeng (39th Defendant) Yufang Li (40th Defendant) Hua Rong (41st Defendant) Jingai Cui (42nd Defendant) Representation: Counsel: M Davies (Plaintiff) M Ashhurst SC (1st - 42nd Defendants) Solicitors: Reuben George Lawyers (Plaintiff) Grace Lawyers (1st - 42nd Defendants) File Number(s): 2013/205158