Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd (No 7) [2015] NSWSC 623

Supreme Court New South Wales

Medium Neutral Citation: Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd (No 7) [2015] NSWSC 623 Hearing dates: 24 April 2015, 29 April 2015 and 14 May 2015 Decision date: 28 May 2015 Before: Ball J Decision: 1.The defendants' notices of motion both filed 19 December 2015 be dismissed. 2.The costs of both motions be the defendants' costs in the cause. Catchwords: PRACTICE AND PROCEDURE – Costs – Security for costs – Application for further security for costs – Where full and frank account of plaintiffs' financial position was not given – Whether plaintiffs would be capable of prosecuting proceedings to finality if order is made – Plaintiffs' financial position – Plaintiffs' relationships with business associates – Turns on own facts Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Addenbrooke Pty Limited v Duncan (No 3) [2014] FCA 322 Armstrong Strategic Management and Marketing Pty Limited & Ors v Expense Reduction Analysts Group Pty Ltd & Ors [2012] NSWSC 393 Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd; Expense Reduction Analysts Group Pty Limited v Armstrong Strategic Management and Marketing Pty Limited [2012] NSWCA 430 Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd [2013] NSWSC 457 Expense Reduction Analysts Group Pty Ltd & Ors v Armstrong Strategic Management And Marketing Pty Limited & Ors [2013] HCA 46; (2013) 250 CLR 303 LRSM Enterprise Pty Ltd v Zurich Australian Insurance Ltd [2014] NSWCA 88 Category: Procedural and other rulings Parties: Armstrong Strategic Management and Marketing Pty Limited (First Plaintiff) Armstrong Consulting Pty Ltd (Second Plaintiff) Kenneth Alan Armstrong (Third Plaintiff) Expense Reduction Analysts Group Pty Ltd (First Defendant) ERA Insurance Services Pty Ltd (Second Defendant) Expense Reduction Analysts Australasia Pty Ltd (Third Defendant) Stuart Roy Michael (Fourth Defendant) Ronald Clucas (Fifth Defendant) Charles Frederick Marfleet (Sixth Defendant) ERAGICS Limited (Seventh Defendant) Expense Reduction Analysts International Limited (Eighth Defendant) Keith John Chapman (Ninth Defendant) Anthony Frederick Dormer (Tenth Defendant) Representation: Counsel: EW Alstergren QC | D Briggs (Plaintiffs) DL Williams SC | EAJ Hyde (First to Ninth Defendants) EAJ Hyde (Tenth Defendant)