Hoffmann v Challis (No 2) [2016] NSWSC 269

Supreme Court New South Wales

Medium Neutral Citation: Hoffmann v Challis (No 2) [2016] NSWSC 269 Hearing dates: 26 February 2016 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) The plaintiff is to provide initial security for the costs of the defendant in the sum of $75,000 by way of payment of that amount into a controlled money account operated by the plaintiff's solicitors K & L Gates within seven days. (2) The proceedings are stayed until Messrs K & L Gates inform Messrs Atanaskovic & Hartnell that the plaintiff has complied with the order. (3) The parties have liberty to apply in relation to this order or any additional security upon five days' notice. (4) The plaintiff pay the defendant's costs of and incidental to the motion. Catchwords: PRODEDURE – Costs – Security for costs – where plaintiff ordinarily resident outside of Australia Legislation Cited: Foreign-Country Money Judgments Recognition Act 735 ILCS 5/12–650 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Knott v Signature Security Group Pty Ltd [2001] NSWIRComm 12; (2001) 104 IR 84 Li v State of New South Wales (2013) NSWCA 165 P S Chellaram & Co v China Ocean Shipping Company [1991] HCA 36; 65 ALJR 642 Texts Cited: Gino Dal Pont, Law of Costs (3rd ed 2013, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Darren George Challis (Applicant) David Hoffman (Respondent) Representation: Counsel: D Sibtain and P Horobin (Applicant) R Gration (Respondent) Solicitors: Atanaskovic & Hartnell Lawyers (Applicant) K & L Gates (Respondent) File Number(s): 2015/349993