Vintage Marine Art Pty Ltd v Henderson [2019] NSWSC 590

Supreme Court New South Wales

Medium Neutral Citation: Vintage Marine Art Pty Ltd v Henderson [2019] NSWSC 590 Hearing dates: 14 November 2018 Date of orders: 14 November 2018 Decision date: 20 May 2019 Jurisdiction: Common Law Before: Rothman J Decision: (1) The plaintiff shall file and serve a notice of appearance within two months of the date hereof;

(2) The plaintiff is to provide security for the defendants' costs of the plaintiff's claim in the amount of a further $40,000 pursuant to the Uniform Civil Procedure Rules, Part 42.21;

(3) Pursuant to Order 2 above, the plaintiff is to provide security within 28 days by paying that sum into Court or by such other means as the Registrar may order or the parties may otherwise agree to;

(4) The proceedings be stayed pending the provision of security in accordance with Orders 2 and 3 above;

(5) Costs of today be costs in the cause. Catchwords: COSTS – security for costs – balance with danger of stifling hearing – plaintiff is a company – impecuniosity – directors' capacity to support Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.21(d) Corporations Act 2001 (Cth), s 1335 Cases Cited: Beach Petroleum NL v Johnson (1992) 7 ACSR 203; [1992] FCA 136 Re Coldham; Ex Parte Brideson (1989) 166 CLR 338; [1989] HCA 2 Category: Procedural and other rulings Parties: Vintage Marine Art Pty Ltd (Plaintiff/Respondent) Robert Craig Henderson (First Defendant/First Applicant) Douglas Cremer (Second Defendant/Second Applicant) Representation: Counsel: M Gleeson (Plaintiff/Respondent) C Alexander (Defendants/Applicants)