PPK Willoughby Pty Ltd v Baird [2018] NSWSC 1889

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby Pty Ltd v Baird [2018] NSWSC 1889 Hearing dates: 6 December 2018 Date of orders: 11 December 2018 Decision date: 11 December 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order the plaintiff within 28 days to provide security for the costs of the defendants in a form suitable to the defendants and to the Court as follows: (a) in an amount of $400,000 as security for the costs of the 2nd to 106th defendants; (b) in an amount of $850,000 as security for the costs of the 107th and 108th defendants. (2) Stay the proceedings pending compliance by the plaintiff with order (1). (3) Direct the parties within 7 days to bring in short minutes of order giving effect to my conclusions. (4) Grant liberty to all parties to apply on 24 hours' notice. Catchwords: COSTS – security for costs – where alleged delay in bringing application – where no prejudice to the plaintiff Legislation Cited: Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules (2005), r 42.21 Cases Cited: Australian Worldwide Pty Ltd v AW Exports Pty Ltd [2018] NSWSC 1632 Christou v Stanton Partners Australasia Pty Ltd [2011] WASCA 176 Covecorp Constructions Pty Ltd v Indigo Products Pty Ltd [2007] QSC 262 Category: Procedural and other rulings Parties: PPK Willoughby Pty Ltd (Plaintiff/Respondent) David Baird and 104 others (2nd to 106th Defendant/Applicant) Roads and Maritime Services (107th Defendant/Applicant) Minister administering the Environmental Planning and Assessment Act 1979 (108th Defendant/Applicant) Representation: Counsel: M Green SC with A D Crossland (Plaintiff/Respondent) J Williams (2nd to 106th Defendant/Applicant) A Shearer (107th and 108th Defendant/Applicant)