Greenacre Business Park Pty Ltd v Deliver Australia Pty Ltd [2014] NSWSC 1353

Supreme Court New South Wales

Medium Neutral Citation: Greenacre Business Park Pty Ltd v Deliver Australia Pty Ltd [2014] NSWSC 1353 Hearing dates: 30 September 2014 Decision date: 01 October 2014 Jurisdiction: Equity Division Before: Robb J Decision: See par 63 Catchwords: PROCEDURE - costs - security for costs - application by plaintiff for security for costs of defending cross claim - cross claim extending beyond defence - whether defendant effectively becomes a plaintiff to the extent of the damages claimed by it - alternative application for dismissal under UCPR r 13.4 - exercise of discretion Legislation Cited: Australian Consumer Law s 18(1) Civil Procedure Act 2005 (NSW) s 3 Corporations Act 2001 (Cth) s 1335 Uniform Civil Procedure Rules (NSW) Cases Cited: Bank of Western Australia v Daleport [2010] NSWSC 1207 Bevwizz Group Pty Ltd v Transport Solutions Pty Ltd [2008] NSWSC 1399 Buckley v Bennell (1974) 1 ACLR 301 Neck v Taylor (1893) 1 QB 50 Nonox Australia v Certain Underwriters at Lloyds Subscribing to Contract No CV0263CGL [2014] NSWSC 221 Category: Interlocutory applications Parties: Greenacre Business Park Pty Ltd (first applicant/first plaintiff) Sam Harb Pty Limited (second applicant/third plaintiff) Samstone Pty Ltd (third applicant/second plaintiff) Deliver Australia Pty Limited (respondent/defendant) Representation: Counsel: R M McKeand SC (applicants/plaintiffs) No appearance (respondent/defendant) Solicitors: Simon Diab & Associates (applicant/plaintiffs) Deliver Australia Pty Limited (self represented) File Number(s): 2012/189729