Florida Kitchens Pty Ltd v Number One Marble and Granite [2019] NSWSC 574

Supreme Court New South Wales

Medium Neutral Citation: Florida Kitchens Pty Ltd v Number One Marble and Granite [2019] NSWSC 574 Hearing dates: 7 May 2019 Date of orders: 20 May 2019 Decision date: 20 May 2019 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff is to provide security for costs to the defendant in the sum of $40,000.

(2) If security for costs is not provided by Florida Kitchens, the proceedings are stayed until further order of the Court.

(3) If order (1) has not been complied with within two months of the staying of the proceedings, then the proceedings are dismissed and the plaintiff is to pay the defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE — Costs — Security costs — Application for security for costs — UCPR 42.21 — Where there is reason to believe the plaintiff will be unable to pay costs if so ordered Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Home Building Act 1989 (NSW) Supreme Court Act 1970 (NSW), ss 65, 69 Uniform Civil Procedure Rules 2005 (NSW), 33.11, 42.21, 59.11 Cases Cited: Hall v Donlon [2011] NSWSC 1088 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Category: Procedural and other rulings Parties: Florida Kitchens Pty Ltd (Plaintiff) Number one Cutting Services Pty Ltd (ABN 36 064 095 227) t/as Number One Marble and Granite (Defendant) Representation: Counsel: S Malanovic (Plaintiff) S Bell (Defendant)