Resilium Pty Ltd v Nest Insurance Consult Pty Ltd (No 2) [2021] NSWSC 1019

Resilium Pty Ltd v Nest Insurance Consult Pty Ltd (No 2) [2021] NSWSC 1019

The cross-claimant must provide $400,000 security for costs, to be paid in four tranches as specified, or the proceedings are stayed until compliance. The cross-claimant must pay the cross-defendants' costs of their application for security for costs. Further directions for case progression are made, conditional on provision of security.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Motion for Security for Costs and Related Directions / Post Security for Costs Determination, Directions for Future Conduct
Outcome
Security for costs ordered in tranches; costs awarded to cross-defendants on application; directions made; other aspects dismissed.
Legal Topics
['security for Costs' 'costs Applications' 'procedural Directions']
['civil Procedure'] ['security for Costs' 'costs Applications' 'procedural Directions']

Case Brief

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Procedural Posture

Motion for Security for Costs and Related Directions / Post Security for Costs Determination, Directions for Future Conduct

Legal Issues

  1. 1 ['Appropriate staging for provision of security for costs' 'Costs consequences of an offer of security by cross-claimant' 'Entitlement to further procedural directions conditional on provision of security']

Ratio Decidendi

The cross-claimant must provide $400,000 security for costs, to be paid in four tranches as specified, or the proceedings are stayed until compliance. The cross-claimant must pay the cross-defendants' costs of their application for security for costs. Further directions for case progression are made, conditional on provision of security.

Court Disposition

Security for costs ordered in tranches; costs awarded to cross-defendants on application; directions made; other aspects dismissed.

Orders

  • ['Order that the cross-claimant provide security for costs in the amount of $400,000 in favour of the cross-defendants.' 'Security to be provided by cash into Court or by bank guarantee, in four tranches: $80,000 by 3 September 2021; $100,000 within 14 days of the close of pleadings; $100,000 within 28 days after...