Bright Ceiling Systems Pty Ltd v Merhis Contracting Pty Ltd (No 2) [2017] NSWSC 1580

Supreme Court New South Wales

Medium Neutral Citation: Bright Ceiling Systems Pty Ltd v Merhis Contracting Pty Ltd (No 2) [2017] NSWSC 1580 Hearing dates: 10 November 2017 Date of orders: 23 November 2017 Decision date: 23 November 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave is granted to the plaintiff to file a further amended statement of claim within seven days.

(2) The plaintiff is to pay the defendant's costs of the application to amend and costs thrown away by reason of the amendment to the statement of claim, but for the plaintiff's notice of motion filed 23 May 2017, the costs of this motion are costs in the cause.

(3) The plaintiff is to provide further security for costs of the defendant in these proceedings in the sum of $70,000 in a form acceptable to the registrar.

(4) The security is to be provided within 28 days.

(5) Until such security is provided, these proceedings are stayed.

(6) The plaintiff is to pay the defendant's costs of the defendant's notice of motion filed 22 June 2017. Catchwords: COSTS – Security for costs – Procedure and discretion – Whether additional security for costs be ordered – Quantum – Whether plaintiff's financial position has changed – Whether defendant is entitled to the entirety of costs on the motion – No point in principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules 2005 (NSW), 42.1 and 42.2 Cases Cited: Bright Ceiling Systems Pty Ltd v Merhis Contracting Pty Ltd [2016] NSWSC 631 Collingnon Developments Pty Ltd v Wurth (1975) 1 ACLR 314 Mignon Cakes Pty Ltd v Hiltide Pty Ltd [2004] FCA 142 Validus Advisory Group Pty Ltd v Consolidation Tin Mines Ltd [2017] NSWSC 1352 Texts Cited: G E Dal Pont, Law of Costs (3rd ed 2013, Butterworths) Category: Procedural and other rulings Parties: Bright Ceiling Systems Pty Ltd (Plaintiff) Merhis Contracting Pty Ltd (Defendant) Representation: Counsel: B Zipser (Plaintiff) D S Weinberger (Defendant)