Gabriel v Grech [2019] NSWSC 1163

Supreme Court New South Wales

Medium Neutral Citation: Gabriel v Grech [2019] NSWSC 1163 Hearing dates: 14 August 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The cross defendant's application for security for costs is refused.

(2) The cross defendant is granted leave to file and serve a notice of contention as set out in paragraph [23] of its submissions.

(3) The notice of contention is to be filed and served within 14 days.

(4) Access is granted to both parties to the Local Court file, including the exhibits.

(5) Costs of the cross defendant's amended notice of motion filed 21 May 2019 are reserved.

(6) The matter is listed for directions at 9.00 am on 2 October 2019 before the Registrar. Catchwords: PRACTICE AND PROCEDURE – Security for costs – Uniform Civil Procedure Rules 2005 (NSW) r 50.8 – Where the plaintiff is impecunious – Application for leave to file a notice of contention Legislation Cited: Civil Procedure Act 2005 (NSW), ss 50, 56, 57, 58, 60 Local Court Act 2007 (NSW), ss 39, 40, 41 Uniform Civil Procedure Rules 2005 (NSW), rr 42.21, 50.11, 50.8 Cases Cited: Charara v lntegrex Pty Ltd [2010] NSWCA 342 Fleming v Marshall [2010] NSWCA 152 Gabriel v Grech [2018] NSWSC 1652 Green Camel Pty Ltd v Urban Ecological Systems Ltd [2017] NSWSC 362 Harrison v Retail Employees Superannuation Pty Limited and Anor [2015] NSWSC 1665 In the Matter of Felon's Fisheries Pty Limited [2016] NSWSC 1351 Labour Power Recruitment Services Pty limited v No/land [2019] NSWSC 512 Labourpower Recruitment Services Pty Limited v Nolland [2019] NSWSC 512 Leighton International v Hodges [2012] NSWSC 458 Living Spring Pty Ltd v Kliger Partners (2008) 20 VR 377; [2008] VSCA 93 Preston v Harbor Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Seas Sap/or Ltd and Anor v Far Eastern Shipping Company, [1995] NSWSC, 31 August 1995 The Owners Strata Plan SP 69567 v Baseline Constructions Pty Ltd [2012] NSWSC 502 Vetter v Lake Macquarie City Council [2001] HCA 12 202 CLR 439; 75 AUR 578; 178 ALR 1 Xenos v FAL Healthy Beverages Pty Ltd [2017] NSWCA 240 Young v Cooke [2018] NSWSC 588 Category: Procedural and other rulings Parties: Joseph Gabriel (Plaintiff) Paul Grech (First Defendant) Drive MY Car Rentals Pty Ltd (Second Defendant) Representation: Counsel: S Baron Levi (Plaintiff) P Barham (Second Defendant)