In the matter of Felan’s Fisheries Pty Limited [2016] NSWSC 1455

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Felan's Fisheries Pty Limited [2016] NSWSC 1455 Hearing dates: 2 September 2016 Decision date: 12 October 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the Plaintiff provide security for costs of the Third–Ninth Defendants in the sum of $226,375, as follows: $70,000 by 4pm on 21 October 2016; $60,000 not less than 10 days before the Third–Ninth Defendants' evidence is due to be served; and $96,375 not less than 42 days prior to the date fixed for hearing. The Court orders that each tranche of security be provided by bank guarantee to the Third–Ninth Defendants' solicitor or paid into Court. Proceedings against the Third–Ninth Defendants to be stayed if any tranche of security is not provided on or before the dates ordered. The Plaintiff to pay the Third–Ninth Defendants' costs of the Third–Ninth Defendants' Interlocutory Process filed 2 May 2016, other than costs thrown away by reason of the adjournment of the hearing on 17 June 2016, as agreed or as assessed. Catchwords: PROCEDURE — Costs — where Court had previously determined security for costs application and directed parties to bring agreed orders to give effect to judgment – where parties were in disagreement as to the amount of each of the tranches of security for costs and as to when the first tranche should be provided – whether Court should adopt the plaintiff's or defendants' proposed orders. Cases Cited: - Re Felan's Fisheries Pty Limited [2016] NSWSC 1351 Category: Costs Parties: Felan's Fisheries Pty Limited (Plaintiff) Sydney Fish Market Pty Limited (First Defendant) SFM Tenants and Merchants Pty Limited (Second Defendant) Bruce James Standen (Third Defendant) Grahame Richard Turk (Fourth Defendant) John Samuel Symonds (Fifth Defendant) William John Gallagher (Sixth Defendant) Sandra Margaret Hook (Seventh Defendant) Terry Con Poulos (Eighth Defendant) Harry Kouros (Ninth Defendant) Gregory George Imisides (Tenth Defendant) Nicholas Peter Manettas (Eleventh Defendant) Representation: Counsel: R P V Carey (Plaintiff) J C Hewitt (First Defendant) N Kidd SC (Third – Ninth Defendants)