Nova 96.9 Pty Limited & Ors v Natvia Pty Limited [2018] NSWDC 74

District Court New South Wales

Medium Neutral Citation: Nova 96.9 Pty Limited & Ors v Natvia Pty Limited [2018] NSWDC 74 Hearing dates: 23 March 2018 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Plaintiffs' Notice of Motion filed on 7 December 2017 is dismissed. (2) Order that the costs of the Notice of Motion are to be costs in the cause. Catchwords: COSTS – security for costs – application for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) or r 42.21 of the Uniform Civil Procedure Rules 2005 (NSW) – whether there is reason to believe the corporation will be unable to pay costs if ordered to do so

PRACTICE AND PROCEDURE – application to strike out part of defendant's cross-claim – collateral contract – whether oral representation made in course of contractual negotiations led to a collateral contract or a term of the primary contract – conflict between pleading in Amended Defence and Cross-Claim Legislation Cited: Uniform Civil Procedure Rules 2005, 42.21; 14.28 Corporations Act 2001 (Cth), s 1335 Cases Cited: Hoyt's Pty Limited v Spencer 27 CLR 133 Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26 Category: Procedural and other rulings Parties: Nova 96.9 Pty Ltd (first plaintiff) Nova 106.9 Pty Ltd (second plaintiff) Nova 100 Pty Ltd (third plaintiff) Natvia Pty Ltd (defendant) Representation: Counsel: P Doyle Gray (plaintiffs) N Olson (defendant)