Nonox Australia v Certain Underwriters at Lloyds Subscribing to Contract No CV0263CGL [2014] NSWSC 221

Supreme Court New South Wales

Medium Neutral Citation: Nonox Australia v Certain Underwriters at Lloyds Subscribing to Contract No CV0263CGL [2014] NSWSC 221 Hearing dates: 07/03/2014 Decision date: 07 March 2014 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Plaintiff to provide security for first and second defendants' costs. Catchwords: PRACTICE AND PROCEDURE - Security for costs - Application by insurer -Discretion - whether appropriate to analyse strength of claim - whether insurers are in a different position with respect to obtaining security for costs - whether proceedings would be stultified - Uniform Civil Procedure Rules 2005 (NSW), r 42.21(1)(d) - Corporations Act 2001 (Cth) s 1335. Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Advance Innovative Solutions Pty Ltd (in liquidation) v X-Dem Group (Aust) Pty Ltd [2012] NSWSC 1112 BPM Pty Ltd v HPM Pty Ltd (1996) 131 FLR 339 Fiduciary Ltd v Morningstar Research Pty Ltd [2004] NSWSC 664 Green (in his capacity as liquidator of Arimco Mining Pty Ltd (in liq)) v CGU Insurance Ltd [2008] NSWSC 449 Statewide Developments Realty Pty Ltd v The Owners, SP 77457 [2013] NSWSC 1750 Tenth Anemot Pty Ltd v Colonial Mutual General Insurance Co Ltd [1993] 2 VR 48 Category: Procedural and other rulings Parties: Nonox Australia Pty Ltd (Plaintiff) Certain underwriters at Lloyd's subscribing to contract No CV0263CGL (First Defendant) Berkley Insurance Company (Second Defendant) Marsh Pty Ltd (Third Defendant) Representation: Counsel: J Duncan (Plaintiff) D H Mitchell (First and Second Defendants) M Tsang (Third Defendant) Solicitors: Clayton Utz (Plaintiff) Moray & Agnew (First and Second Defendant) King & Wood Mallesons (Third Defendant) File Number(s): 2013/297111