DHR International Inc v Challis; Hoffmann v Challis [2016] NSWSC 1619

Supreme Court New South Wales

Medium Neutral Citation: DHR International Inc v Challis; Hoffmann v Challis [2016] NSWSC 1619 Hearing dates: 8 November 2016 Decision date: 17 November 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff, DHR International Inc, must provide security for costs of the defendant, Mr Darren Challis, in the sum of AUD 30,000, in the form of an irrevocable bank guarantee from an Australian Bank, or alternatively by way of a payment into Court of that amount, or alternatively by payment of that amount into a controlled money account operated by the plaintiff's solicitors, K&L Gates. (2) The plaintiff, Mr David Hoffmann, must provide security for costs of the defendant, Mr Darren Challis, in the sum of AUD 30,000, in the form of an irrevocable bank guarantee from an Australian Bank, or alternatively by way of a payment into Court of that amount, or alternatively by payment of that amount into a controlled money account operated by the plaintiff's solicitors, K&L Gates. (3) Until Orders 1 and 2 have been complied with, these proceedings are stayed. (4) Each of the parties must pay his or its own costs of the proceedings before me. Catchwords: COSTS – security for costs – whether defendant is entitled to security for costs when corporate plaintiff is not domiciled in Australia – whether defendant is entitled to costs when individual plaintiff is ordinarily resident outside of Australia Legislation Cited: Foreign Judgments Regulations 1992 (Cth), Sch 2 Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Ballard v Brookfield Australia Investments Ltd [2013] NSWCA 82 Barton v Minister for Foreign Affairs (1984) 2 FCR 463; [1984] FCA 108 Chellaram & Co v China Ocean Shipping Company (1991) 102 ALR 321; [1991] HCA 36 Crozat v Brogden [1894] 2 QB 30 DHR International Inc v Challis (Supreme Court (NSW), Registrar Bradford, 19 February 2016, unrep) DHR International Inc v Challis (No 3) [2016] NSWSC 492 DHR International Inc v Challis (No 5) [2016] NSWSC 761 Hoffmann v Challis (No 2) [2016] NSWSC 269 Li v State of New South Wales [2013] NSWCA 165 Logue v Hansen Technologies (2003) 125 FCR 590; [2003] FCA 81 Category: Procedural and other rulings Parties: David Hoffmann (Plaintiff/Respondent) DHR International Inc (Plaintiff/Respondent) Darren Challis (Defendant/Applicant) Representation: Counsel: MS White SC (Plaintiffs/Respondents) RC Gration (Plaintiffs/Respondents) B Katekar (Defendant/Applicant) P Horobin (Defendant/Applicant)