T & H Pty Limited v 304 Chapel Rd Pty Ltd; T & H Pty Limited v Trinh [2018] NSWDC 215

District Court New South Wales

Medium Neutral Citation: T & H Pty Limited v 304 Chapel Rd Pty Ltd; T & H Pty Limited v Trinh [2018] NSWDC 215 Hearing dates: 25 July 2018 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Civil Before: Strathdee DCJ Decision: 1. In the proceedings 00093528/2018, the plaintiff is to provide security for the defendants' costs by paying into court the sum of $25,000.00 or by otherwise providing security for that amount in a manner satisfactory to the defendant. The security is to be provided by 10 September 2018, on which date the matter is to be listed before the court for consequential orders, or, in the event that the security has not been provided, an order for the dismissal of the proceedings under r 42.21(3).

2. Proceedings in 00093528/2018 are stayed pending compliance with order (1).

3. In the proceedings 00093529/2018, the plaintiff is to provide security for the defendants' costs by paying into court the sum of $25,000.00 or by otherwise providing security for that amount in a manner satisfactory to the defendant. The security is to be provided by 10 September 2018, on which date the matter is to be listed before the court for consequential orders, or, in the event that the security has not been provided, an order for the dismissal of the proceedings under r 42.21(3).

4. Proceedings in 00093529/2018 are stayed pending compliance with order (3).

5. The costs in each motion are to be the defendants' costs in the cause. Catchwords: SECURITY FOR COSTS – once threshold reached, onus switches to plaintiff to establish security for costs ought not be made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Ashington Capital Pty Ltd v Parissen Capital (Project X) Pty Ltd [2012] NSWSC 410 Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 Felan's Fisheries Pty Limited [2016] NSWSC 1351 KP Cable Investments Pty Ltd v Meltglow (1995) 56 FCR 189 Re Colorado Products Pty Ltd (in prov liq) [20134] NSWSC 611 Sky Cloud Pty Ltd v Shi [2017] FCA 1579 Sydmar Pty Ltd v Statewise Developments Pty Ltd (1987) 73 ALR 289 Wollongong City Council v Legal Business Centre Pty Limited [2012] NSWCA 245 Yandil Holdings Pty Ltd v Insurance Company of North America (1985) 3 ACLC 542 Category: Procedural and other rulings Parties: T & H Pty Limited (Plaintiff, respondent to the Motion) Thanh Tuan Trinh (First Defendant, applicant on the Motion) Thanh Chi Trinh (Second Defendant, applicant on the Motion) Eng Trinh Ngo (Third Defendant, applicant on the motion) King Trinh Trinh (Fourth Defendant, applicant on the motion) Representation: Counsel: D Tang (Plaintiff)