Shepherds Producers Co-Operative Ltd (In Liquidation) v Lamont [2009] NSWSC 798

Shepherds Producers Co-Operative Ltd (In Liquidation) v Lamont [2009] NSWSC 798

The appropriate quantum for security for costs is $450,000, ordered in three equal tranches, considering that the defendants' estimate was excessive in relation to counsel numbers and preparation, and applying the evidence of Ms Ashe regarding reasonable recoverable costs and a margin for contingencies.

Parties
Plaintiff/respondent: Shepherds Producers Co-Operative Limited (In Liquidation); First Defendant: John Scott Lamont; Second Defendant: Anthony John Lehman; Third Defendant: John Thomson McCormack; Fourth Defendant/applicant: Scott Bradley; Fifth Defendant/applicant: Kerry Ann Hall
Jurisdiction
Australia
Judgment Date
12 August 2009
Procedural Posture
Corporations Security for Costs / Application for Security for Costs
Outcome
Security for costs granted in the sum of $450,000, to be paid by the plaintiff in three equal tranches; application otherwise resolved as per reasons.
Legal Topics
Security for Costs, Quantum of Security for Costs, Reasonable Assessment of Costs
Corporations Law Civil Procedure Security for Costs Quantum of Security for Costs Reasonable Assessment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shepherds Producers Co-Operative Limited (In Liquidation)

Plaintiff/respondent

John Scott Lamont

First Defendant

Anthony John Lehman

Second Defendant

John Thomson McCormack

Third Defendant

Scott Bradley

Fourth Defendant/applicant

Kerry Ann Hall

Fifth Defendant/applicant

Procedural Posture

Corporations Security for Costs / Application for Security for Costs

Legal Issues

  1. 1 What is the appropriate quantum for security for costs to be ordered against the plaintiff in favour of the fourth and fifth defendants?

Ratio Decidendi

The appropriate quantum for security for costs is $450,000, ordered in three equal tranches, considering that the defendants' estimate was excessive in relation to counsel numbers and preparation, and applying the evidence of Ms Ashe regarding reasonable recoverable costs and a margin for contingencies.

Court Disposition

Security for costs granted in the sum of $450,000, to be paid by the plaintiff in three equal tranches; application otherwise resolved as per reasons.

Orders

  • The motion be returnable instanter.
  • Until further order, pursuant to rule 42.21(1) of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff pay to the Court a security for the fourth and fifth defendants' costs of the proceedings, being $450,000 payable in three equal tranches on the following dates: 19 August 2009, 19 December 2009 and 19 April...