Woolworths Limited v About Life Pty Ltd (No 2) [2018] NSWSC 1340

Supreme Court New South Wales

Medium Neutral Citation: Woolworths Limited v About Life Pty Ltd (No 2) [2018] NSWSC 1340 Hearing dates: 13 July 2018; further written submissions ending 16 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Equity - Applications List Before: Parker J Decision: See [69] Catchwords: PRACTICE AND PROCEDURE – applications – security for costs order – discretionary considerations – impecuniosity of plaintiff company – effect of cross-claims by directors of impecunious company – effect of undertaking by director or shareholder of impecunious company - Gentry Bros Pty Ltd v Wilson Brown & Associates Pty Ltd (1992) 8 ACSR 405 discussed

PRACTICE AND PROCEDURE – applications – security for costs order – discretionary considerations – whether defendant caused the plaintiff's impecuniosity – cause of impecuniosity where claim is based on loss of profits

PRACTICE AND PROCEDURE – applications – security for costs order – discretionary considerations – defensive proceedings Legislation Cited: Civil Liability Act 2002 (NSW), s 5O, Part 4 Competition and Consumer Act 2010 (Cth), sch 2 ss 18, 236 ('Australian Consumer Law') Corporations Act 2001 (Cth), s 1335(1) Uniform Civil Procedure Rules 2005 (NSW) r 42.21(d) Cases Cited: Bell Wholesale Co Ltd v Gates Export Corp (1984) 2 FCR 1 Di Francesco v Pioneer Energy Pty Ltd (No 2) [2014] NSWSC 1923 Epping Plaza Fresh Fruit & Vegetables Pty Ltd v Bevendale Pty Ltd [1999] 2 VR 191; [1999] VSCA 43 Fiduciary Ltd v Morningstar Research Pty Ltd (2004) 208 ALR 564; [2004] NSWSC 664 Gentry Bros Pty Ltd v Wilson Brown & Associates Pty Ltd (1992) 8 ACSR 405 Harpur v Ariadne Australia Ltd [1984] 2 Qd R 523 Intercraft Cabinets Pty Ltd v Sampas Pty Ltd (1997) 18 WAR 306 Interwest Ltd v Tricontinental Corporation Ltd (1991) 5 ACSR 621 Jazabas Pty Ltd v Haddad (2007) 65 ACSR 276; [2007] NSWCA 276 Maples v Hughes [2002] NSWSC 617 Re Felans Fisheries Pty Ltd [2016] NSWSC 1351 Woolworths Limited v About Life Pty Ltd (2017) 18 BPR 36,983; [2017] NSWSC 1117 Category: Procedural and other rulings Parties: About Life Pty Ltd (Cross-Claimant on the Second Cross-Claim) Aaron Kloczko & others trading as Maddocks Lawyers (First to Seventieth Cross-Defendants on the Second Cross-Claim) Representation: Counsel: DA Lloyd (Cross-Claimant on the Second Cross-Claim) PA Horvath / K Lindeman (First to Seventieth Cross-Defendants on the Second Cross-Claim)