Colagrossi v Transport for NSW (No.2) [2019] NSWSC 1074

Supreme Court New South Wales

Medium Neutral Citation: Colagrossi v Transport for NSW (No.2) [2019] NSWSC 1074 Hearing dates: 15 July 2019 Date of orders: 22 August 2019 Decision date: 22 August 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that: (a) on or before 12 noon 6 September 2019, the plaintiff provide security to the defendant for the costs to be incurred until the completion of the discovery process in the amount of $1.25 million by way of payment into court or by providing to the solicitor for the defendant an irrevocable bank guarantee issued by an Australian bank in the sum of $1.25 million (security); and (b) if security is not provided in accordance with these orders, the proceedings be stayed until security is provided. (2) Order that the defendant has liberty to apply for additional sums of security for additional stages of the proceedings (following discovery). (3) Order the plaintiff to pay the defendant's costs of the Notice of Motion filed 20 June 2019 insofar as the Motion claimed an order for security for costs. Catchwords: COSTS – Security for costs – representative proceedings - application by the defendant – costs of discovery Legislation Cited: Civil Procedure Act 2005 Cases Cited: Maloney v Commissioner for Railways (NSW) [1978] 52 ALJR 292 Texts Cited: Practice Note SC Gen 17 – Representative Proceedings Category: Costs Parties: Rosa Maria Colagrossi (P) Transport for NSW (D) Representation: Counsel: A M Hochroth / T Senior (P) N Simpson (D)