Westpac Banking Corporation v Southern Environmental Services Pty Ltd [2017] NSWSC 626

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Southern Environmental Services Pty Ltd [2017] NSWSC 626 Hearing dates: 17 May 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to r 42.21(1)(d) and/or (e) of the Uniform Civil Procedure Rules 2005 (NSW) and s 1335(1) of the Corporations Act 2001 (Cth), order the cross claimant to give security to the cross defendants by way of bank guarantee provided to the cross defendant or sums paid into Court as follows:

(a) $21,000 by the date that is 28 days before the date first ordered for the cross defendants to serve lay and expert evidence on the cross claim; and (b) $50,000 by the date that is 28 days before the date on which the cross claim is listed for hearing.

(2) In the event that the cross claimant fails to provide any of the security ordered in (1) above, the cross claim proceedings be stayed until the security is given. Catchwords: PRACTICE AND PROCEDURE – security for costs – relevance of offer made by principal to accept liability for adverse costs order made against impecunious company – relevance of position of all those standing behind the company – application granted – no relevant delay by applicant Legislation Cited: Corporations Act 2001 (Cth), s 1335 Uncollected Goods Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Bell Wholesale Co Pty Ltd v Gates Export Corporation (1984) 2 FCR 1 Dae Boong International Co Pty Ltd v Gray [2009] NSWCA 11 Epping Plaza Fresh Fruit & Vegetables Pty Ltd v Bevendale Pty Ltd [1999] 2 VR 191; [1999] VSCA 43 Jazabas Pty Ltd v Haddad (2007) 65 ACSR 276; [2007] NSWCA 291 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Prynew Pty Ltd v Nemeth [2010] NSWCA 94 Westpac Banking Corporation v Southern Environmental Services [2017] NSWSC 330 Category: Procedural and other rulings Parties: Westpac Banking Corporation ACN 007 457 141(Plaintiff) Southern Environmental Services Pty Ltd ACN 000 653 823 (First Defendant/Cross Claimant) Gyressa Pty Ltd ACN 001 440 017 (Second Defendant) Paul Thomas Bambage Wenham (Third Defendant) Gloucester 103 Holdings Pty Ltd ACN 128 823 307 (First Cross Defendant) Klondu Group Pty Limited ACN 141 174 610 (Second Cross Defendant) Representation: Counsel: F Roughley (First and Second Cross Defendants/Applicant) D Robertson (Cross Claimant/Respondent)