Large v Djamirze [2019] NSWSC 716

Supreme Court New South Wales

Medium Neutral Citation: Large v Djamirze [2019] NSWSC 716 Hearing dates: 7 June 2019 Decision date: 14 June 2019 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Defendant's Notice of Motion filed 12 April 2019 is dismissed with costs Catchwords: COSTS – security for costs – relevant factors – first plaintiff resides in California – second and third plaintiffs are incorporated in British Columbia – security already provided in an amount exceeding likely cost of enforcing a costs order in those jurisdictions – application made after matter set down for trial – plaintiffs appear to have good prospects of success Legislation Cited: California Civil Procedure Code Foreign Judgments Act 1991 (Cth) Foreign Judgments Regulations 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Daya v CX Reinsurance Company Ltd [2012] NSWSC 1213 Barton v Minister for Foreign Affairs (1984) 2 FCR 463 Carrey v ACP Publishing Pty Ltd (Supreme Court (Vic), Hedigan J, 11 December 1997, 6 February 1998, unrep) Connop v Varena Pty Ltd [1984] 1 NSWLR 71 Dense Medium Separation Powders Pty Ltd v Gondwana Chemicals Pty Ltd [2011] NSWCA 84 In the matter of SCW (Express Detailing) Pty Ltd [2011] NSWSC 688 Live Board Holdings Ltd v Cody Live Pty Ltd [2017] NSWCA 302 Mercator Property Consultants Pty Ltd v Sumampow (2nd D Cal Ct App, B236491, 5 March 2012) Texts Cited: Practice Note SC Eq 3 Category: Procedural and other rulings Parties: Corey Large (First Plaintiff/Respondent) 308 Enterprises Inc (Second Plaintiff/Respondent) ILF Productions Inc (Third Plaintiff/Respondent) ILF AU Films Pty Ltd (Fourth Plaintiff/Respondent) ILF AU Productions Pty Ltd (Fifth Plaintiff/Respondent) Alexander Djamirze (Defendant/Applicant) Representation: Counsel: L T Livingston (Plaintiffs/Respondents) H Altan (Defendant/Applicant)