Peace of Mind Computing Pty Ltd v Daoud [2016] NSWLC 7

Local Court New South Wales

Medium Neutral Citation: Peace of Mind Computing Pty Ltd v Daoud [2016] NSWLC 7 Hearing dates: 10 March 2016 Decision date: 17 March 2016 Jurisdiction: Civil Before: Keogh LCM Decision: The proceedings are stayed until the amount of $12,000 is paid as security for costs Catchwords: CIVIL PROCEEDINGS – security for costs - principles Legislation Cited: Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules 2005, r 42.21 Cases Cited: East Grace Corporation v Xing (No 1) [2005] FCA 219 Global Medical Solutions Australia Pty Ltd v Axiom Molecular Pty Ltd [2013] NSWSC 1433 Idoport Pty Ltd & Anor v National Australia Bank Limited & Ors [2001] NSWSC 744 In the Matter of Elsmore Resources Ltd [2014] NSWSC 1247 Wollongong City Council v Legal Business Centre Pty Ltd [2012] NSWCA 245 Yandil Holdings Pty Ltd v Insurance Co of North America (1985) 3 ACLC 542 Category: Procedural and other rulings Parties: Peace of Mind Computing Pty Ltd (plaintiff/ respondent) Robert Daoud t/as Sydney Criminal Defence Lawyers (defendant/ applicant) Representation: Counsel: M Fantin (for the plaintiff/ respondent) M Klooster (for the defendant/ applicant)

Solicitors: File Number(s): 2015/120551

Judgment 1. The applicant is the defendant in proceedings commenced by the plaintiff respondent in April last year. 2. The claim is for payment for work done and services provided in 2012 in regard to which the plaintiff rendered invoices totalling $26,567.54. The defendant has not paid the invoices. 3. The work done and services provided related to the installation of a computer system and provision of a data base and related software and services. 4. In summary the defendant says that the plaintiff did not provide its services with reasonable care and skill and makes a cross claim for damages for breach of the agreement between the parties. 5. The plaintiff is a corporation whose director, secretary and shareholder is Mr Munro. Mr Munro is also the second defendant in a cross claim brought by the defendant. The defendant is Robert Daoud trading as Sydney Criminal Defence Lawyers, and Sydney City Lawyers Pty Ltd trading as Sydney Criminal Defence Lawyers is the second defendant. 6. The applicant seeks a security for costs order because he says the plaintiff would be unable to meet any adverse costs order if it was unsuccessful in the litigation.