In the matter of ACN 151 726 224 Pty Ltd [2016] NSWSC 1063

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 151 726 224 Pty Ltd [2016] NSWSC 1063 Hearing dates: 2 August 2016 Date of orders: 02 August 2016 Decision date: 02 August 2016 Jurisdiction: Equity Before: Barrett AJA Decision: 1. Order that the plaintiff provide security for the defendants' costs of the proceedings in the sum of $45,000 by way of payment into court or by way of bank guarantee in favour of the registrar and in a form and from an institution approved by the registrar. 2. Order that if such security is not provided within 28 days the proceedings be stayed until further order. 3. Order that the plaintiff pay the defendants' costs of the interlocutory process determined today. 4. Grant liberty to apply for relisting after the provision of security in accordance with order 1. Catchwords: PROCEDURE – costs – security for costs – plaintiff ordinarily resident outside Australia – defendants seek security for costs – no matter of principle Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cornelius v Global Medical Solutions Australia Pty Ltd [2014] NSWCA 65; 98 ACSR 301 Mothership Music Pty Ltd v Flo Rida [2012] NSWCA 344 Wollongong City Council v Legal Business Centre Pty Ltd [2012] NSWCA 245 Category: Procedural and other rulings Parties: Plaintiff - VMA Companies LLC (trading as Corbis Global) (An American Corporation) Defendant 1 - Robert William Whitton Defendant 2 - Brendan James Copeland Representation: Counsel: Applicants/Defendants – Mr D Neggo Respondent/Plaintiff – Mr JT Johnson