Cosco v Hutley (No 2) [2018] NSWSC 1937

Supreme Court New South Wales

Medium Neutral Citation: Cosco v Hutley (No 2) [2018] NSWSC 1937 Hearing dates: 7 December 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Common Law Before: McCallum J Decision: 1. The defendant file and serve expert evidence being a report of Belinda Jones of Fire Forensics Pty Ltd by 21 December 2018; 2. The plaintiff file and serve any reply to expert evidence by 1 March 2019; 3. The plaintiff to provide security for the defendant's costs by paying into Court the sum of $260,000 in respect of the work necessary to the conclusion of this matter as follows: (a) the sum of $130,000 on or before 15 December 2018; and (b) the sum of $130,000 on or before 1 March 2019. 4. Until security in accordance with order 3 above is provided, there will be a stay of proceedings; 6. The defendant has liberty to restore this application on 5 days' notice. Catchwords: CIVIL PROCEDURE – application for further security for costs – security previously provided by consent – whether amount awarded should reflect assumption that senior counsel will be briefed – consideration of proportionality Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Defamation Act 2005 (NSW) Category: Procedural and other rulings Parties: Anthony John Cosco (plaintiff) Vanessa Hutley (defendant) Representation: Counsel: N Olson (plaintiff) D Pritchard (defendant)