T & H PTY LIMITED v Nguyen; T & H PTY LIMITED trading v Trinh; T & H PTY LIMITED v Trinh; T & H PTY LIMITED v 304 Chapel Rd Pty Ltd [2022] NSWDC 82

T & H PTY LIMITED v Nguyen; T & H PTY LIMITED trading v Trinh; T & H PTY LIMITED v Trinh; T & H PTY LIMITED v 304 Chapel Rd Pty Ltd [2022] NSWDC 82

A material change in circumstances was demonstrated by the Referee’s findings that the plaintiff owed money to the defendants, justifying an order for further security for costs of $61,000, given the likely costs of a further six-day hearing and the plaintiff corporation’s conceded inability to pay a costs order.

Parties
Plaintiff/cross Defendant: T & H PTY LIMITED trading as Brown Consultants; 1st Defendant: Linh Trinh Nguyen; 2nd Defendant: Thanh Tuan Trinh; 3rd Defendant/1st Defendant in Other Proceeding: Chi Thanh Trinh; 4th Defendant: Eng Trinh Ngo; 5th Defendant: King Trinh Trinh; 6th Defendant: Nhu Ngoc Ha; 2nd Defendant: Thi Bich Lien Pham; 2nd Defendant/1st Defendant: Thanh Chi Trinh; 1st Defendant/cross Claimant: 304 Chapel Rd Pty Ltd
Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Civil / Interlocutory Application for Further Security for Costs
Outcome
Application for further security for costs granted.
Legal Topics
Security for Costs, Referee's Report, Impecuniosity, Case Management, Cross Claim, Discretionary Factors
Civil Procedure Security for Costs Referee's Report Impecuniosity Case Management Cross Claim Discretionary Factors

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Parties

T & H PTY LIMITED trading as Brown Consultants

Plaintiff/cross Defendant

Linh Trinh Nguyen

1st Defendant

Thanh Tuan Trinh

2nd Defendant

Chi Thanh Trinh

3rd Defendant/1st Defendant in Other Proceeding

Eng Trinh Ngo

4th Defendant

King Trinh Trinh

5th Defendant

Nhu Ngoc Ha

6th Defendant

Thi Bich Lien Pham

2nd Defendant

Thanh Chi Trinh

2nd Defendant/1st Defendant

304 Chapel Rd Pty Ltd

1st Defendant/cross Claimant

Procedural Posture

Civil / Interlocutory Application for Further Security for Costs

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting further security for costs after the Referee's Report
  2. 2 Whether the amount and manner of security sought is appropriate
  3. 3 Whether further security would stultify the proceedings

Ratio Decidendi

A material change in circumstances was demonstrated by the Referee’s findings that the plaintiff owed money to the defendants, justifying an order for further security for costs of $61,000, given the likely costs of a further six-day hearing and the plaintiff corporation’s conceded inability to pay a costs order.

Court Disposition

Application for further security for costs granted.

Orders

  • The plaintiff provide further security for the defendants' costs of the proceedings in an amount of $61,000 within 28 days.
  • The plaintiff pay the defendants’ costs of this application.