Prime Capital Securities Pty Ltd v Betty Christou [2018] NSWDC 395

District Court New South Wales

Medium Neutral Citation: Prime Capital Securities Pty Ltd v Betty Christou [2018] NSWDC 395 Hearing dates: 7 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) The plaintiff is to provide security for the defendant's costs by paying into Court the sum of $35,000 or by otherwise providing security for that amount in a manner satisfactory to the defendant. (2) Until that security is provided, there will be a stay of the proceedings. (3) The security is to be provided on or before 5.00pm on 31 January 2019. (4) The matter is to be listed before the Court on 1 February 2019 for consequential orders, or, in the event that the security has not been provided, an order for the dismissal of the proceedings under rule 42.21(3). (5) I grant liberty to apply on 7 days' notice for any additional orders relevant to security for costs. (6) The plaintiff is to pay the defendant's costs of the Notice of Motion filed on 28 September 2018. Catchwords: COSTS — Security for costs — Relevant factors Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Contracts Review Act 1980 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Acohs Pty Ltd v Ucorp Pty Ltd (2006) 236 ALR 143 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 Merribee Pastoral Industries v Australia and New Zealand Banking Group Ltd (1998) 193 CLR 502 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: Prime Capital Securities Pty Ltd (Plaintiff) Betty Christou (Defendant) Representation: Counsel: Mr Chrysostomou/Dr Donnelly (Defendant)