Calm One Pty Limited v Agripower Australia Limited [2016] NSWDC 136

District Court New South Wales

Medium Neutral Citation: Calm One Pty Limited v Agripower Australia Limited [2016] NSWDC 136 Hearing dates: 20 May 2016 Date of orders: 20 May 2016 Decision date: 20 May 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Proceedings stayed until the plaintiff provides security for costs in the sum of $20,000 by 4pm on Monday 30th May 2016

If such security be paid, but the plaintiff's notice of motion filed on 13 May 2016 be dismissed or withdrawn, the plaintiff is to provide further security for costs in the sum of $80,000 and further proceedings are to be stayed from the time of the dismissal or withdrawal of the plaintiff's notice of motion filed 13 May 2016 until such security be paid

Costs of the notice of motion filed 1 April 2016, defendant's costs in the cause

Defendant to file and serve any evidence regarding plaintiff's notice of motion by 10am on Thursday 2 June 2016

For further directions on 3 June 2016 after hearing of plaintiff's notice of motion Catchwords: CIVIL – Practice and procedure – Security for costs Legislation Cited: Corporations Act 2001 (Cth). Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Harpur v Ariadne Australia Ltd [1984] 2 QdR 523 Sharjade Pty Ltd v Darwinia Estate [2006] NSWSC 708 Category: Procedural and other rulings Parties: Calm One Pty Limited (Plaintiff/Respondent) Agriculture Australia Limited (Defendant/Applicant) Representation: Counsel: Mr A Barnett (Plaintiff/Respondent) Mr E Young (Defendant/Applicant)