Blade Developments Pty Limited v Bishop [2017] NSWDC 463

District Court New South Wales

Medium Neutral Citation: Blade Developments Pty Limited v Bishop [2017] NSWDC 463 Hearing dates: 15 September 2017 Date of orders: 15 September 2017 Decision date: 15 September 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Defendant's notice of motion for security for costs dismissed. (2) Costs of the application up to and including 13 July 2017 be costs of the proceedings, but costs thereafter, including the costs of the hearing, be plaintiff's costs of the proceedings. Catchwords: COSTS — security for costs — threshold test – discretionary facts – claims would be stifled – overlapping cross-claim – director not hiding behind worthless company – relevance of costs unrelated to cross-claim – proceedings appear to have merit – costs of application – late provision of accounts Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.21 Cases Cited: KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Mahlo & Ors v Westpac Banking Corporation Ltd [1999] NSWCA 358 Category: Procedural and other rulings Parties: Blade Developments Pty Limited (ACN 122 201 058) - plaintiff/cross-defendant Robert Bishop - defendant/cross-claimant Representation: Counsel: Mr G Stapleton - plaintiff/cross-defendant Mr S Flanigan - defendant/cross-claimant

Solicitors: GA Lawyers – plaintiff/cross-defendant Jenkins Legal Services Pty Ltd - defendant/cross-claimant File Number(s): 2017/125808 Publication restriction: None