Ant & Ballast Pty Ltd v City of Greater Geelong (No 2) [2019] NSWSC 753

Supreme Court New South Wales

Medium Neutral Citation: Ant & Ballast Pty Ltd v City of Greater Geelong (No 2) [2019] NSWSC 753 Hearing dates: 7 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Equity Before: Henry J Decision: (1) Pursuant to r 42.21 of the Uniform Civil Procedure Rules 2005 (NSW) and/or s 1335(1) of the Corporations Act 2001 (Cth), the plaintiff to provide security for the defendant's costs in the amount of $60,000 by payment into Court or in such other manner as may be agreed between the parties as follows: (a) the first tranche of $20,000 within 28 days of the date of this order; and (b) the second tranche of $40,000 within 28 days after any mediation which does not resolve the proceedings or not less than 28 days before the final hearing of this matter, whichever occurs earlier. (2) The proceedings be stayed if security is not provided in accordance with order one above. (3) The plaintiff to pay the defendant's costs of the defendant's notice of motion for security for costs. Catchwords: COSTS – security for costs – where plaintiff did not lead evidence about the financial position of its director or shareholders – where plaintiff's claim as currently pleaded is not strong – security for costs ordered in tranches Legislation Cited: Corporations Act 2001 (Cth) s 1335 Uniform Civil Procedure Rules 2005 (NSW) r 42.21 Cases Cited: Ant & Ballast Pty Ltd v City of Greater Geelong [2019] NSWSC 188 Chocron v Onkoud [2018] NSWSC 1205 at [10]; Re Cornelius v Global Medical Solutions Australia Pty Ltd; Farag v Global Medical Solutions Australia Pty Ltd [2014] NSWCA 65 Drumdurno Pty Ltd v Braham (1982) 42 ALR 563 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148 Jazabas Pty Ltd v Haddad [2007] NSWCA 291 KDL Building Pty Ltd v Mount [2006] NSWSC 474 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 LRSM Enterprise Pty Ltd v Zurich Australian Insurance Limited [2014] NSWCA 88 Lynnebry Pty Ltd v Farquhar Enterprises Pty Ltd (1977) 3 ACLR 133 MA Productions Pty Ltd v Austarama Television Pty Ltd (1982) 7 ACLR 97 MHG Plastic Industries v Quality Assurance Services Pty Ltd [2002] FCA 821 Re Colorado Products Pty Ltd (in provisional liquidation) [2013] NSWSC 611 Wollongong City Council v Legal Business Centre Pty Limited [2012] NSWCA 245 Category: Costs Parties: Ant & Ballast Pty Ltd – plaintiff City of Greater Geelong – defendant Representation: Counsel: M Rosenblatt (solicitor) – plaintiff D Robertson – defendant