GMW Urban Pty Ltd v Alexandria Landfill Pty Ltd [2014] NSWSC 1806

Supreme Court New South Wales

Medium Neutral Citation: GMW Urban Pty Ltd v Alexandria Landfill Pty Ltd [2014] NSWSC 1806 Hearing dates: 12 December 2014 Decision date: 18 December 2014 Jurisdiction: Equity Division - Technology and Construction List Before: Ball J Decision: (1) In addition to the security that the Court ordered on 19 June 2013 that the plaintiff provide in respect of the first defendant's costs, the plaintiff provide security in the sum of $225,000 in respect of the first defendant's costs in the following tranches: (a) $100,000 by 30 January 2015; (b) $125,000 42 days before the hearing date of the proceedings. (2) The plaintiff pay the first defendant's costs of the first defendant's notice of motion filed on 30 October 2014. Catchwords: PROCEDURE - civil - interlocutory issues - application to vary security for costs order to increase amount of security provided - whether increase in costs incurred by defendant that was not anticipated at time of original application for security is a material change in circumstances Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 GMW Urban Pty Ltd v Alexandria Landfill Pty Ltd [2013] NSWSC 660 Category: Procedural and other rulings Parties: GMW Urban Pty Ltd ABN 52 084 753 113 (Plaintiff) Alexandria Landfill Pty Ltd ABN 26 098 849 971 (First Defendant) Westpac Banking Corporation (Second Defendant) Representation: Counsel: D Miller SC with Ms N Shaw (Plaintiff) J Clarke SC with C O'Neill (First Defendant) Solicitors: Vincent Young (Plaintiff) Esplins Solicitors (First Defendant) File Number(s): 2012/50410 Publication restriction: Nil