Validus Advisory Group Pty v Consolidated Tin Mines Ltd [2017] NSWSC 1352

Supreme Court New South Wales

Medium Neutral Citation: Validus Advisory Group Pty v Consolidated Tin Mines Ltd [2017] NSWSC 1352 Hearing dates: 9 August 2017 Date of orders: 05 October 2017 Decision date: 05 October 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The plaintiff is to pay the defendant's costs of and associated with the application for security for costs up to and including Thursday, 20 July 2017. (2) Each party is to bear its own costs of the application for security for costs on and from Monday, 21 July 2017 including the costs of the hearing on 24 July 2017, and the appearance on 9 August 2017 and the costs associated with the preparation of written and oral submissions on the question of costs of the application. Catchwords: COSTS – security for costs – whether costs follow the event – costs of the application Legislation Cited: Uniform Civil Procedures Rules 2005 r 42.1 Cases Cited: Bright Ceiling Systems Pty Ltd v Merhis Contracting Pty Ltd [2016] NSWSC 631 at [65] and [66] Collignon Developments Pty Ltd v Wurth (1975) ACLR 314 Mignon Cakes Pty Ltd v Hiltide Pty Ltd [2004] FCA 142 Calderbank v Calderbank [1975] 3 All ER 333 Brian John Harris v Mark Harris (No. 2) [2013] NSWSC 1157 Commonwealth of Australia v Gretton [2008] NSWCA 117 Illawarra Hotel Co Pty Limited v Walton Construction Pty Ltd (No 2) [2013] NSWCA 211] Texts Cited: G E Dal Pont, Law of Costs (3rd ed, 2013, Butterworths) Category: Costs Parties: Validus Advisory Group Pty Ltd (Plaintiff/Respondent) Consolidated Tin Mines Ltd (Defendant/Applicant) Representation: Counsel: J Hutton (Plaintiff) D Weinberger (Defendant)