De Jong v Carnival PLC (No 3) [2016] NSWSC 1461

Supreme Court New South Wales

Medium Neutral Citation: De Jong v Carnival PLC (No 3) [2016] NSWSC 1461 Hearing dates: 16 September 2016 Date of orders: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) On or before 17 January 2017 the plaintiff provide security for costs in the amount of $145,000.00.

(2) The defendant's notice of motion filed 29 January 2016 be stood over to 31 January 2017 at 9.30am.

(3) The plaintiff pay the defendant's costs of the notice of motion filed 29 January 2016 to date.

(4) The parties have liberty to apply on 2 days' notice. Catchwords: REPRESENTATIVE ACTION – costs – notice of motion seeking an order for security for costs –allocation of risks of litigation Legislation Cited: Civil Procedure Act 2005 (NSW) Competition & Consumer Act 2010 (Cth) Local Court Act 2007 (NSW) Local Court Rules Cases Cited: Baltic Shipping Company v Dillon [1993] HCA 4; (1993) 176 CLR 344 De Jong v Carnival PLC [2016] NSWSC 347 De Jong v Carnival PLC (No 2) [2016] NSWSC 1024 Jarvis v Swans Tours Ltd (1973) QB 23 Madgwick v Kelly [2013] FCAFC 61; 212 FCR 1 Paul Baker as Plaintiff Representative of 165 Plaintiff Group Members v The Partnership of Anne Patricia Larter, Alan Jones, Miraleste Pty Ltd t/as USG Partner and Leigh Johnson t/as STC Sports Trading Club [2016] NSWSC 1194 Category: Procedural and other rulings Parties: Lucretia De Jong (Plaintiff) Carnival PLC t/as Carnival Cruise Line (Defendant) Representation: Counsel: Mr JE Rowe (Plaintiff) Mr J Hogan-Doran with Mr S Jayasuriya (Defendant)