Araz Investments Pty Ltd v Mitry Lawyers Pty Ltd [2019] NSWDC 823

District Court New South Wales

Medium Neutral Citation: Araz Investments Pty Ltd v Mitry Lawyers Pty Ltd [2019] NSWDC 823 Hearing dates: 14 November 2019 Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Defendant's notice of motion seeking security for costs (filed 16 September 2019) is dismissed. (2) Defendant pay the plaintiff's costs of the motion. Catchwords: COSTS — security for costs — relevant factors – plaintiff's ability to pay costs of defendant – whether defendant has discharged burden - no NSW real estate – $10,100 paid up share capital – no notice to produce issued Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules, r 42.21 Cases Cited: Conform Australia Pty Ltd v Yform Pty Ltd (NSWDC, 20 March 2019, Norton SC DCJ, unreported) Green Camel Pty Ltd v Urban Ecological Systems Ltd [2017] NSWSC 362 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 In the matter of Felan's Fisheries Pty Limited [2016] NSWSC 1351 Owners-Strata Plan No 50530 v Walter Construction Group Ltd [2001] NSWSC 820 Shi v Benhamou Designs Pty Ltd [2017] NSWSC 735 Wollongong City Council v Legal Business Centre Pty Ltd [2012] NSWCA 245 Category: Procedural and other rulings Parties: Araz Investments Pty Ltd (plaintiff) Mitry Lawyers Pty Ltd (defendant) Representation: Counsel: Mr M Klooster (plaintiff) Mr R Jedrzejczyk (defendant)