Bettar Holdings Pty Ltd v Amelia 1822 Pty Ltd as trustee for the Waterloo Trust [2017] NSWSC 212

Supreme Court New South Wales

Medium Neutral Citation: Bettar Holdings Pty Ltd v Amelia 1822 Pty Ltd as trustee for the Waterloo Trust [2017] NSWSC 212 Hearing dates: 3 March 2017 Decision date: 10 March 2017 Jurisdiction: Common Law Before: Ball J Decision: 1. The plaintiff give further security in the amount of $320,000 for the defendant's further costs of the proceedings by way of payment of funds into court or by way of bank guarantee within 21 days of the date of this order.

2. The proceedings be stayed if order (1) is not complied with.

3. The plaintiff pay the defendant's costs of the defendant's notice of motion filed on 2 February 2017. Catchwords: PRACTICE AND PROCEDURE – costs – security for costs – offer of personal undertaking – exercise of discretion to order costs – whether security should be granted – whether undertaking is adequate security Legislation Cited: Corporations Act 2001 (Cth) s 1335 Uniform Civil Procedure Rules 2005 (NSW) r 42.21(1) Cases Cited: Avspares Pty Ltd v Skywest Aviation Pty Ltd (1997) 24 ACSR 272 Clyde Industries Ltd v Ryad Engineering Pty Ltd (1993) 11 ACLC 325 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189; 13 ACLC 437 Northern Southern Western Supermarkets Pty Limited (subject to a Deed of Company Arrangement) v HIH Casualty & General Insurance Limited & Anor [2002] NSWSC 541 Rosengrens Ltd v Safe Deposit Centres Ltd [1984] 3 All ER 198; [1984] 1 WLR 1334 Sharjade v Darwinia Estate Pty Ltd [2006] NSWSC 708 Texts Cited: GE Dal Pont, Law of Costs (LexisNexis Butterworths, 3rd ed, 2013) Category: Procedural and other rulings Parties: Bettar Holdings Pty Ltd (Plaintiff) Amelia 1822 Pty Ltd as Trustee for the Waterloo Trust (Defendant) Representation: Counsel: D R Sibtain (Plaintiff) T J Breakspear (Defendant)