In the matter of Pacific Springs Pty Ltd (No 2) [2019] NSWSC 1183

In the matter of Pacific Springs Pty Ltd (No 2) [2019] NSWSC 1183

A two-day hearing was a reasonable estimate given the defendants' proposed reliance on other lay witnesses, but some asserted preparation costs were unwarranted. Estimating trial costs and preparation costs, and allowing about 70% for party and party costs plus GST, the appropriate security for costs was $92,400.

Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Application for Security for Costs / Determination of Quantum of Security for Costs on the Papers After Amended Statement of Claim
Outcome
Security for costs ordered in the amount of $92,400, with related stay, liberty to apply, costs and directions orders.
Legal Topics
['security for Costs' 'quantum of Security' 'amended Pleadings' 'proportionality' 'corporations List']
['costs' 'civil Procedure' 'corporations'] ['security for Costs' 'quantum of Security' 'amended Pleadings' 'proportionality' 'corporations List']

Case Brief

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Procedural Posture

Application for Security for Costs / Determination of Quantum of Security for Costs on the Papers After Amended Statement of Claim

Legal Issues

  1. 1 ['What amount of security for costs should be ordered after the plaintiffs amended their claim.' "Whether the defendants' estimate, including a two-day hearing and preparation costs, was proportionate to the importance and complexity of the subject matter in dispute."]

Ratio Decidendi

A two-day hearing was a reasonable estimate given the defendants' proposed reliance on other lay witnesses, but some asserted preparation costs were unwarranted. Estimating trial costs and preparation costs, and allowing about 70% for party and party costs plus GST, the appropriate security for costs was $92,400.

Court Disposition

Security for costs ordered in the amount of $92,400, with related stay, liberty to apply, costs and directions orders.

Orders

  • ['The plaintiffs are ordered to provide security for costs in the sum of $92,400, 50% within 28 days of the orders and 50% within 28 days from the conclusion of a mediation of the disputes or no later than six weeks from the commencement of the hearing, whichever is the sooner, by unconditional Bank guarantee from...