Statewide Developments Realty Pty Ltd v The Owners Corporation SP77457 [2014] NSWSC 330

Supreme Court New South Wales

Medium Neutral Citation: Statewide Developments Realty Pty Ltd v The Owners Corporation SP77457 [2014] NSWSC 330 Hearing dates: 21 March 2014 Decision date: 21 March 2014 Jurisdiction: Equity Division Before: Slattery J Decision: Proceedings dismissed under UCPR, rule 42.21(3). Plaintiff to pay the defendants' costs of the motion for dismissal and of the proceedings. Catchwords: PROCEDURE - application for dismissal of proceedings under UCPR, r 42.21(3) for failure to comply with an order for the payment of security as to costs - application to vary security for costs order - whether plaintiff can apply to pay security in instalments - whether sufficient evidence of intent to pay presented - whether sufficient evidence of ability to pay security presented - whether significant change of financial circumstances justifies plaintiff's application to vary orders Legislation Cited: Uniform Civil Procedure Rules, r 42.21(3). Cases Cited: Ballard v Brookfield Australian Investments Pty Ltd [2013] NSWCA 82 Category: Procedural and other rulings Parties: Plaintiff: Statewide Developments Realty Pty Ltd Defendant: The Owners Corporation SP77457 Representation: Counsel: Defendant: M. Ashhurst SC Solicitors: Plaintiff: N. Khoury File Number(s): 2013/205158 Publication restriction: No

EX TEMPORE Judgment 1The forty-three defendants in these proceedings are the unit holders and the body corporate of a Strata Plan who are receiving caretaker services from Statewide Developments, the plaintiff in these proceedings ("Statewide").