Grace v Bennie [2017] NSWSC 172

Supreme Court New South Wales

Medium Neutral Citation: Grace v Bennie [2017] NSWSC 172 Hearing dates: 6 October 2016 Date of orders: 06 March 2017 Decision date: 06 March 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) These proceedings are stayed until the plaintiff pays the sum of $10,000 into Court.

(2) The plaintiff is to pay the defendant's costs of the notice of motion filed 11 July 2016 on an ordinary basis as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – stay of proceedings – security for costs Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 67 Legal Profession Act 1987 (NSW) Cases Cited: Bruce Maples v Siteberg [2012] NSWSC 435 Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor [2007] NSWCA 103 Category: Procedural and other rulings Parties: William John Grace (Plaintiff) Robert Maurice Bennie (Defendant) Representation: Counsel: M Castle (Defendant)

Solicitors: W Grace (Plaintiff in person) DGT Lawyers (Defendant) File Number(s): 2016/189596 Publication restriction: Nil

Judgment 1. HER HONOUR: By notice of motion filed 11 July 2016, the defendant seeks orders; firstly, that the proceedings be stayed; secondly, in the alternative, that the proceedings be stayed until such time as the plaintiff pays into Court the amount of $186,141; thirdly, in the alternative, that the proceedings be stayed on such terms as the Court thinks fit; and fourthly, that the plaintiff provide security for costs in the amount of $40,150 or such other amount as the Court thinks fits. The plaintiff opposes these orders being made. 2. The plaintiff in these proceedings is William John Grace. The defendant in these proceedings is Robert Maurice Bernie. The plaintiff relied upon two affidavits dated 31 July 2016 and 30 September 2016. The defendant relied on the affidavit of Kerrie-Ann Rosati dated 11 July 2016.