Narromine Irrigation Board of Management v Pauci Pty Ltd [2017] NSWSC 1103

Supreme Court New South Wales

Medium Neutral Citation: Narromine Irrigation Board of Management v Pauci Pty Ltd [2017] NSWSC 1103 Hearing dates: 20 June 2017 Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Common Law Before: Hamill J Decision: The plaintiff's notice of motion for security for costs is dismissed. The defendants' (cross-claimants') notion of motion for security for costs is dismissed. The costs will be the costs in the cause. The matter is listed before the Registrar on 4 September 2017. Catchwords: CIVIL LAW – duelling applications for security of costs – where proceedings consolidated – application by plaintiff for security of costs on defendants' cross-claim – where same issues arise in defence to plaintiff's suit as would arise in cross-claim – potential for proceedings to be fractured – plaintiff's application dismissed – whether plaintiff impecunious – where evidence does not establish that plaintiff unable to meet costs order – plaintiff flush with funds – long delay in bringing application - defendants' application dismissed Legislation Cited: Corporations Act 2001(Cth) Uniform Civil Procedure Rules 2005 (NSW) Water Management Act 2000 (NSW) Cases Cited: Bevwizz Group Pty Ltd v Transport Solutions Pty Ltd [2008] NSWSC 1399 Greenacre Business Park Pty Ltd v Deliver Australia Pty Ltd [2014] NSWSC 1353 Category: Procedural and other rulings Parties: Narromine Irrigation Board of Management (Plaintiff and Cross Defendant) Pauci Pty Ltd (First Defendant and Cross Claimant) Grech Cotton Co Pty Ltd (Second Defendant and Cross Claimant) The Estate of the Late Louis Charles Grech (Third Defendant and Cross Claimant) Representation: Counsel: Mr C J Peadon (for the Plaintiff and Cross Defendant) Mr R Notley (for the Defendants and Cross Claimant)