Llorente v Marshall Bodyguard & Security P/L [2017] NSWSC 1212

Supreme Court New South Wales

Medium Neutral Citation: Llorente v Marshall Bodyguard & Security P/L [2017] NSWSC 1212 Hearing dates: 8 September 2017 Date of orders: 08 September 2017 Decision date: 11 January 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) Pursuant to r 42.21 Uniform Civil Procedure Rules, the seventh defendant/cross-claimant and/or the eighth defendant/cross-claimant is to give security in the sum of $50,000 in respect of the costs of the second plaintiff/cross-defendant of the cross claims brought against him.

(2) The amount the subject of order 1 is to be paid into court by 5 pm on 25 September 2017.

(3) I list the matter for further directions before me at 9.30 am on 26 September 2017.

(4) I reserve the question of costs of the motion until 26 September 2017. Catchwords: PRACTICE AND PROCEDURE – Costs – Security for costs – Cross-claimants resident overseas – Whether cross-claimants impecunious – Whether order for security would stultify the proceedings Legislation Cited: Compensation to Relatives Act 1897 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Jones v Dunkel (1959) 101 CLR 298 KP Cable Investments Pty Limited v Meltglow Pty Limited (1995) 56 FCR 189 Li v State of New South Wales (2013) NSWCA 165 Singer v Berghouse (1993) 114 ALR 521; [1993] HCA 35 Category: Procedural and other rulings Parties: Raquel Allison Llorente - Plaintiff Marshall Bodyguard & Security P/L - Defendant Representation: Counsel: R Hanrahan – Cross-claimants / Respondents D R Hooke SC – Cross-defendants / Applicants