ILC Group v Sydney Water Corporation [2014] NSWSC 1407

Supreme Court New South Wales

Medium Neutral Citation: ILC Group v Sydney Water Corporation [2014] NSWSC 1407 Hearing dates: 29/08/2014 Decision date: 29 August 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Note undertakings given to the Court by directors of plaintiff to meet defendants' costs and not to dissipate assets. Dismiss applications for security for costs. Defendants to pay plaintiff's costs from 13 August 2014; otherwise no order as to costs. Catchwords: PRACTICE AND PROCEDURE - security for costs - whether to order security for costs in relation to corporate plaintiff - where individuals who stand behind company have given a personal guarantee with respect to any order as to costs made against the plaintiff and an undertaking to the court not to dissipate their assets - whether discretion to order security for costs is unconfined - guidelines that Court is to take into account in determining security for costs application - where security for costs order would stifle litigation - whether plaintiff ought to have investigated litigation funding or adverse costs insurance - where both defendants are major corporations Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Golden Mile Property Investments Pty Ltd (in liquidation) v Cudgegong Australia Pty Ltd [2014] NSWCA 224 Harpur v Ariadne Australia Limited [1984] 2 Qd R 523 Intercraft Cabinets Pty Ltd v Sampas Pty Ltd (1997) 18 WAR 306 Jazabas Pty Limited v Haddad (2007) 65 ACSR 276 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Madgwick v Kelly (2013) 212 FCR 1 Top Stuff 4 Business Holdings Pty Ltd v Vodafone Pty Ltd (No 2) [2012] FCA 645 Pioneer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Limited [2007] NSWCA 344 Category: Procedural and other rulings Parties: ILC Group Pty Ltd (Plaintiff) Sydney Water Corporation (First Defendant) Spotless Facility Services Pty Ltd (Second Defendant) Representation: Counsel: J L Doyle (Plaintiff) A Bouris (First Defendant) A Leopold SC / J A Arnott (Second Defendant) Solicitors: Thomson Geer (Plaintiff) King & Wood Mallesons (First Defendant) Allens (Second Defendant) File Number(s): 2012/385740