King v Liverpool City Council [2017] NSWSC 1148

Supreme Court New South Wales

Medium Neutral Citation: King v Liverpool City Council [2017] NSWSC 1148 Hearing dates: 24 August 2017 Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) Order the plaintiff to provide security for costs of the defendant as follows: (a) by depositing into an agreed deposit account the sum of $100,000 within 21 days; (b) the only authorised signatories capable of operating such account are to be Mr Stephen Taylor-Jones and Mr David Marocchi jointly; (c) the plaintiff is to file an affidavit within 21 days containing an undertaking to the Court that he will not sell, encumber or otherwise dispose of his property or any interest in his property at 47 Rickard Rd, Chipping Norton, New South Wales without first giving 14 days' written notice of his intention so to do to the solicitors for the defendant. (2) Order that if security for costs is not provided as specified that the proceedings are stayed. (3) Grant the parties liberty to apply with respect to these orders on 24 hours' notice. (4) Order the plaintiff to pay the defendant's costs of the Motion. (5) List the matter for directions at 9.30am on Thursday 28 September 2017 before Garling J. Catchwords: CIVIL PROCEDURE – security for costs –inherent jurisdiction of the Court – principle of fairness Legislation Cited: Civil Liability Act 2002 Uniform Civil Procedure Rules 2005 Cases Cited: Dae Boong International Co Pty Ltd v Gray [2009] NSWCA 11 Insight Vacations Pty Ltd v Young [2010] NSWCA 137 Madgwick v Kelly [2013] FCAFC 61 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Bernard King (P) Liverpool City Council (D) Representation: Counsel: M J Gollan (P) A Abadee (D)