Rydstrand v Ganjekar [2015] NSWDC 428

District Court New South Wales

Medium Neutral Citation: Rydstrand v Ganjekar [2015] NSWDC 428 Hearing dates: 14 August 2015 Date of orders: 14 August 2015 Decision date: 14 August 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Refuse the application for security for costs. (2) Dismiss the defendant's notice of motion. (3) Stand over for further directions on Monday, 24 August 2015 at 10am before the Judicial Registrar. (4) No order for the costs of the application on the basis that each party should bear their own costs. Catchwords: CIVIL PROCEDURE – interlocutory applications – security for costs – corporation impecunious – sole director a co-plaintiff – director's proceedings likely to continue in any event – overlap of issues – director amenable to cost order – defects in pleadings – delay – costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.21 Cases Cited: Everett v Neale [2012] NSWDC 73 Fiduciary v Morningstar Research [2004] NSWSC 664 Harpur v Ariadne Australia Ltd (No 2) [1984] 2 Qd R 523; (1984) 8 ACLR 835; (1984) 2 ACLC 356 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCA 189 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: Victoria Rydstrand (first plaintiff) The Switch Decor Company Pty Ltd (Switch Decor) (second plaintiff) Sayeeprasad Ganjekar (defendant) Representation: Counsel: Mr A Maroya (defendant)