Anderson v Patersons Securities Ltd [2019] NSWSC 852

Supreme Court New South Wales

Medium Neutral Citation: Anderson v Patersons Securities Ltd [2019] NSWSC 852 Hearing dates: 20 June 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Pursuant to r 42.21(1)(a) and/or (e) of the Uniform Civil Procedure Rules 2005 (NSW), order the plaintiff, Mrs Daniela Anderson, to provide security in the following tranches and in accordance with the schedule to these reasons: • in relation to the first tranche: within 28 days of these reasons for the respective defendants' costs of the proceedings up to the commencement of the trial in the amounts, and at the times, set out in the schedule to these reasons; • in relation to the second tranche: within 28 days from the conclusion of a mediation of the disputes or no later than six weeks from commencement of the hearing in the amounts, and at the times, set out in the schedule to these reasons;

such security to be provided by way of an unconditional bank guarantee from an Australian bank in a form acceptable to the defendants or payment into Court. 2. In the event that the respective tranches of security ordered in Order 1 above are not provided in respect of any one or more of the defendants within the time(s) specified, order that the proceedings be stayed until further order. 3. Grant the defendants liberty to apply on three days' notice for further security to be provided for the period from commencement of the hearing or to increase the amount of security ordered in Order 1 if the security provided in a particular tranche proves insufficient to cover the party/party costs thereby incurred, or in the event that there is disagreement as to the acceptability of the unconditional bank guarantee provided pursuant to Order 1. 4. Grant the plaintiff liberty to apply to vary the orders made for security for costs in the event that there is a material change in circumstances in the period prior to commencement of the hearing. 5. Order the plaintiff to pay the defendants' costs of and incidental to the respective notices of motion. Catchwords: COSTS — Security for costs — Relevant factors – whether the jurisdiction to make an order for security for costs pursuant to r 42.21(1)(a) of the UCPR is enlivened –whether as a matter of fact the plaintiff is not ordinarily resident in Australia